What’s the difference between a Misdemeanor and Felony?

• I haven't been arrested, but may be in trouble. Should I contact a lawyer now?
• If I am arrested, what will happen?
• Do I have to talk to the police?
• Can I be released from jail without having to pay bail?
• What’s the difference between a Misdemeanor and Felony?
• What happens at the first court appearance?
• What happens after the Arraignment?

Misdemeanors carry a maximum possible sentence of up to one year in county jail. Felonies are generally more serious offenses and can result in state prison for at least a year and potentially much longer depending on the charge. Some crimes called wobblers can be prosecuted as either a misdemeanor or a felony depending on the circumstances.

For example, domestic violence and DUI can be charged either way depending on the facts and the District Attorney's discretion. Whether you are charged with a misdemeanor or a felony, there are several potential problems other than jail or prison if convicted. They include:

• As an adult, a criminal conviction becomes part of your permanent record and can appear on employer background checks.
• Drug or sex offender registration.
• Non citizens may face immigration issues including deportation. (If you are a non-citizen, Summit Defense has an in-house immigration attorney.)
• Loss of privileges, including driving, voting, and travel.

At Summit Defense, we are very sensitive to the many ways a criminal conviction can impact your life. Our goal is always the complete dismissal of charges either through negotiation or a not guilty verdict at trial.

Read Next Chapter: What happens at the first court appearance, the Arraignment?

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