The Differences Between Misdemeanors And Felonies

The Differences Between Misdemeanors And Felonies
Stephen Harris is the owner of the Law Office of Stephen Harris, where he works as a defense
attorney for clients in Charleston and the surrounding areas. According to Harris, knowing the
differences between a felony and a misdemeanor is very importantespecially to a person who is
being charged with a criminal offense.
When a person is charged with a crime, it generally falls into one of two categories a felony or a
misdemeanor. Being able to have a charge lessened from a felony to a misdemeanor could mean
shrinking the amount of required jail time, which is why it is so important to work with a defense
lawyer in Charleston who knows the federal criminal system well.
Felony Crimes
Felonies are generally reserved for more serious offenses, and they usually carry a penalty of more
than one year of prison time if convicted. Additionally, felony crimes are those that cannot be
expunged from a criminals record. The only way a convicted criminal can have a felony crime taken
off of his record is by getting a pardon from the governor in whichever state he resides.
Misdemeanor Crimes
On the other hand, misdemeanor crimes are usually those that carry a maximum penalty of less than
one year of prison time. That is, even if a defendant is found guilty, the most amount of time he will
have to spend incarcerated is one year. Because the maximum amount of time a defendant can be
sentenced to jail for a misdemeanor crime is only one year, a jury is not usually used for these types
of trials. Instead, a judge in a magistrate court will usually handle the sentencing in these cases
himself.
In my experience, defendants in Charleston who work with federal criminal defense lawyers can
actually get some misdemeanor crimes expunged from their records after three years have passed.
Examples of crimes that could be expunged include someone who was convicted of careless
operation of a motor vehicle. Someone in this case could very likely work with an attorney to have
the misdemeanor crime expunged, or erased, from his record by a court judge at a later date.
Special Misdemeanor Offenses
In a few cases, there are some misdemeanor crimes that carry more than one year of prison time.
Misdemeanors that fall into this category are classified as special misdemeanors, and they generally
carry a maximum jail time of three to 10 years. Like felonies, special misdemeanors cannot be
expunged from a criminals record, and they will stay with a person for the rest of his life.
In South Carolina, being charged with possession of cocaine would usually be one of these special
misdemeanor offenses, since the penalty for the crime can be up to three years in prison. Likewise,
aggravated assault is another special misdemeanor that carries more than a year of prison time if
convictedsometimes up to 10 years of prison time, in fact, depending on the merits of the case.
Depending on the facts of the case, there are a number of special misdemeanor crimes that can also
be classified as standard misdemeanors or standard misdemeanors that can carry extended prison
sentences. Criminals convicted of assault with intent to kill, for example, would only be charged with
misdemeanors, even though the maximum penalty in these types of cases is still a ten-year prison
sentence.
Defense Lawyers
All too often, I hear stories of people who thought they knew the law, or thought they knew enough
to handle their own cases, but were painfully inept when it came time for trial. A criminal case is no
laughing matter, especially given that the outcome could result in a person facing one or more years
in prison. Therefore, whether a person is being charged with a felony, a misdemeanor, or a special
misdemeanor, it is imperative that he get in contact with a defense lawyer who understands the
federal criminal system.
What I always tell people is that you are always going to get a better result if you have an attorney
working on your sideevery time. For anyone facing criminal charges in the Charleston area, I
recommend calling the Law Office of Stephen Harris and requesting a consultation with a qualified
attorney.
This article is for informational purposes only. You should not rely on this article as a legal opinion
on any specific facts or circumstances, and you should not act upon this information without seeking
professional counsel. Publication of this article and your receipt of this article does not create an
attorney-client relationship.