Difference between Misdemeanor and Felony Arrests

January 11, 2012

There are significant differences between a misdemeanor and a felony offense arrest. Consequences for felony convictions are much harsher than punishments for misdemeanors.

In general, misdemeanors are punishable by a fine and/or incarceration for less than a year in county jail - although there are exceptions to this rule. Misdemeanor infractions such as traffic violations usually have pre-set penalties.

Whereas, felony convictions normally have much more substantial punishments. Certain felony charges may stipulate much higher fines and sentence time vs. if it was classified as a misdemeanor, and felonies may carry a sentence of more than a year which would put you in prison vs. county jail.

Most people think they are always provided with the right to have a court appointed attorney if they face charges. This is not necessarily the case. Such as if charged with a misdemeanor and there is no chance of jail time, then in some counties will not provide a court appointed attorney. However in felony cases, if you are not able to afford to hire a private attorney, the courts will appoint an attorney for you since the stakes are so much higher.

Being convicted of a felony has far more ramifications and lasting consequences than just prison. Once convicted of a felony you lose your right to vote, cannot serve on a jury and cannot work in certain professions.

Most court systems base the "three strikes" law on whether a defendant has had prior felony convictions. If a defendant has been convicted twice of a felony offense, one more felony conviction could subject him or her to life in prison.

A person may be charged with a felony DUI if he or she has had prior DUI convictions within a specified time period. Some areas take the person's blood alcohol content (BAC) into account when determine the degree of felony charge.

A DUI felony conviction will lead to time in prison and large fines. As well as the losing your driving priviledges. If you have recently been arrested for driving under the influence and believe you are facing the possibility of felony charges, you should contact our office immediately @ 916-585-4434.