One of the first differences that your criminal defense attorney will differentiate if you’re facing criminal charges is whether you have been charged with a misdemeanor or you have been charged with a felony. Although both may have severe outcomes, there is a significant difference in terms of severity, legal procedures, and possible penalties.
Knowing the way a criminal defense attorney like Sando Law prepares his or her case in every class of lawsuits can also be helpful when it comes to making decisions and getting ready for whatever is to come.
What Is a Misdemeanor?
A misdemeanor is viewed as a minor criminal act that is usually liable to:
- 0 – 1 year in county or local jail
- Probation
- Fines or community service
Common examples include:
- Petty theft
- Simple assault
- Disorderly conduct
- DUI (in many first-offense cases)
- Ownership of small quantities
Although less severe than felonies, a misdemeanor can have long-term consequences, such as a criminal record, lack of jobs, or problems with finding a place to live.
What Is a Felony?
Felonies are the worst offences that many times are often punishable by such punishments as:
- Over a year in a state or federal prison
- Heavier fines
- Probation or parole
- Loss of civil rights (e.g., voting or owning firearms)
Felony charges include:
- Murder or manslaughter
- Armed robbery
- Drug trafficking
- Sexual assault
- Burglary
Since the stakes are high, more formal procedures and complex legal issues are associated with felony cases.
The Way that Criminal Defense Lawyers Deal with Misdemeanors.
Although misdemeanor charges might appear to be small, a criminal defense lawyer does not overlook such charges. This is what they usually do in such cases:
1. Early Resolution: Many a time, lawyers tend to settle misdemeanors as quickly as possible and offensively through plea bargains, diversion programs, or community service programmes that do not involve imprisonment.
2. Negotiation: Defense lawyers negotiate with prosecutors to drop charges or penalties, especially for first-time offenders.
3. Court Representation: In even the small cases, your attorney makes sure that your rights are not stepped on in the court, even at arraignment and sentencing.
4. Record Protection: A good lawyer can assist you in filing for expungement or sealing of records once your case is over to limit the long-term effects of your case on your life.
The way criminal defense lawyers conduct felonies.
There is a need for a more vigorous and strategic defence in felony cases. Here’s what you can expect:
1. Thorough Investigation: Lawyers investigate by themselves, they talk to witnesses, review police behaviour, and dispute evidence, e.g., unlawful searches, coerced confessions.
2. Pretrial Motions: The moves the experienced attorney can make include filing motions to suppress the evidence or dismiss the charges, or even to change the venue to have a fair trial.
3. Trial Strategy: Felony charges are often tried, and your counsel will be ready as they will be well prepared to present the case to experts and with jury choice in mind.
4. Sentencing Advocacy: When there is a need to fight for minimized terms, rehabilitation programs, or alternative forms of punishment instead of the maximum one, a defense lawyer argues in favor of this.
Why It Matters
Both are capable of having a grave impact on your future, regardless of a misdemeanor or a felony. The job of a criminal defense lawyer is to defend your rights, discredit the prosecution’s claims, and gain the most favorable verdict, i.e., dismissal, acquittal, or the payment of less punitive damages.
Final Thoughts
Nevertheless, even though it is a relatively minor charge, do not underestimate the usefulness of legal representation. If anything, you should seek the services of an experienced criminal defense attorney in case of face criminal charges. There can be a huge gap between a misdemeanor and a felony, but in either case, the right approach to defense may make all the difference.