The police will arrest you for a specific crime. That crime will be classified as either a felony or a misdemeanor. This legal distinction makes an enormous difference in the penalties that can be imposed upon conviction. A felony conviction yields the harshest penalties, like lengthy prison sentences, and permanently strips away certain rights. Misdemeanors are less serious offenses, but they can still result in jail time, fines, and a criminal record that hinders future opportunities.
The classification of your charges determines your potential punishments, legal defenses, and negotiating position. However, repeat misdemeanor convictions can lead to felony charges with stricter penalties.
Misdemeanors
A misdemeanor is generally punishable by fines and up to one year in county or local jail. Common misdemeanor crimes include petty theft, simple assault, disorderly conduct, trespassing, and first-time driving under the influence (DUI).
While misdemeanors are less serious than felonies, they still create a permanent criminal record. A misdemeanor conviction can negatively impact future employment opportunities, financial aid eligibility, home rental applications, and more.
In Florida, the penalty for a first-degree misdemeanor is up to a year in jail and a maximum fine of $1,000.
Felonies
A felony is the most serious category of criminal offense. Felonies typically involve violence, grand theft, major drug crimes, and white-collar offenses like fraud and embezzlement. Other common felonies include aggravated assault, burglary, arson, rape, and murder.
If convicted of a felony, you will likely face harsh penalties, including lengthy prison sentences of over one year, expensive fines, probation, and revocation of certain rights like firearm ownership or voting privileges. Felony convictions create a permanent criminal record that can severely limit housing, employment, financial aid, immigration status, and other opportunities.
In Florida, the penalty for a capital felony is the death penalty. The penalties for a life felony are life in prison and $15,000. For a first-degree felony, the penalty is 30 years in prison and $10,000 in fines. Second and third-degree felonies have smaller penalties.
The Factors that Determine a Felony vs. Misdemeanor
Several key factors determine whether an alleged crime gets charged as a felony or misdemeanor, including:
The Circumstances of the Crime
The motivation, premeditation, method used, and fallout from the alleged offense all play a role. For example, a simple fistfight could be misdemeanor disorderly conduct, while attacking someone with a deadly weapon would likely be felony aggravated assault or attempted murder.
The Dollar Amount Involved
For property crimes like theft, the monetary value of the property stolen often dictates whether it is a misdemeanor or felony charge. In Florida, theft of property worth $100 to $700 can be a first-degree misdemeanor. Thefts of greater value are felonies.
Prior Criminal History
Those with minimal or no prior convictions often receive more lenient misdemeanor-level charges for first offenses. However, those with an extensive criminal record face harsher felony charges, even for a repeat misdemeanor-type offense.
The Victim’s Identity
Crimes against certain protected classes like children, the elderly, disabled persons, or law enforcement officers frequently result in felony charges or enhanced penalties.
Misdemeanor charges sound preferable, but even a minor conviction can haunt you for life. Felony charges can carry harsh punishments that can permanently derail your future.
Skilled Legal Counsel Is Critical
When you’re arrested for a crime, you must immediately secure skilled legal representation. An experienced criminal defense attorney can analyze all the circumstances surrounding your arrest, protect your rights, and work tirelessly to obtain the most favorable outcome possible for your case.
If you’re facing misdemeanor charges, a lawyer can negotiate for reduced charges, diversion programs, or an acquittal to keep your record clean. For felony cases, an attorney can challenge police procedures, suppress illegally obtained evidence, expose mistaken eyewitness testimony, and fight to reduce charges or penalties at every turn.
Contact our Panama City Criminal Defense Attorney
If someone accuses you or a loved one of a crime in Panama City, contact The Sombathy Law Firm immediately to discuss your case. We provide vigorous legal defense for all types of criminal charges. Don’t delay – your future is at stake.
