Is there a difference in how a defense attorney handles misdemeanor and felony cases?

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What is Considered a Misdemeanor Case? 

Misdemeanor crimes are less severe than felonies. These may include crime such as drug possession, DUI, and first-time offenders. Expect a year or less in jail, small fines, probations, and community service.

Any person who commits a criminal offense can get a jail sentence of up to one year, and a fine of not more than $500.00, or both are considered a misdemeanor. These cases are considered a petty offense.
Some misdemeanor offenses are as follows. 

 

  • Minor assaults 
  • Some tax law violations 
  • Possession of controlled substances 
  • Breaking a traffic law 
  • Petty theft 
  • Prostitution 
  • Disorderly conduct 
  • Intoxication in public 
  • Vandalism 
  • Reckless driving 
  • Indecent exposure 
  • Possession of cannabis for personal use 

DOJ

A misdemeanor is not as serious of a crime as a felony. However, you may have to spend up to but no more than one year in jail and no more than a $500.00 fine or both. A misdemeanor also involves jail time and fines. However, these are not as serious then found in a felony. There are instances where a misdemeanor can convert to a felony crime. 

What is a Felony? 

Felonies are some of the more severe crimes like murder, robbery, and assault. These crimes carry the highest and most significant penalties that include prison time and high fines. You can expect at least one or more years in prison. The most serious crimes you can commit are felonies. Charged with a felony means a lengthy jail or prison sentence, hefty fines, and permanent loss of freedom.
Felonies have many different categories, levels, and seriousness. These divisions are, 

  • Infractions 
  • Misdemeanors 
  • Felonies 

All evidence is reviewed by the United States Attorney and a law enforcement officer. This attorney decides whether a case is brought to court and if you are charged. These two speak to witnesses and victims. The United States Attorney files criminal information or complaint to the court. 

A Complaint or Information is files and a date set for you to appear for arraignment and court date. At this time, the defendant is advised of their rights. You have the right to be heard before a United States District Court Judge or Magistrate. Dates are set for further proceedings.

Bail is set after the magistrate reviews the case facts. Bail means that you promise to appear on the date set for trial or promise that a money bond is forfeited if you fail to appear on the court date. 

Every criminal case is different. If you commit a misdemeanor, you receive a police citation with a court date. This is your arraignment. You may or may not be arrested and taken to jail when the officer issues a source. 

Even though you may feel that your misdemeanor is nothing at all, you need to hire an attorney because this attorney can help you avoid a conviction or your record expunged. 

When charged with a serious crime, you need to call us right away. Your attorney needs to be aggressive and effective in handling your case. This attorney will build a great defense for you and argue aggressively on your behalf. 

  • We defend DUI and DWI 
  • Assault 
  • Weapons Possession 
  • Burglary 
  • Larceny and more 

Your attorney investigates your allegations, gathers evidence, interviews witnesses, get all details of the alleged crime, and reads the police reports. Our attorneys look at any misconduct by police, any evidence flawed as they build your case for a successful outcome. Our lawyers are experts at keeping one step ahead of the opposing legal team. Our attorneys work with everyone involved in your circumstances, such as the prosecutor, jury, and judge. It is possible to settle and accept a reduced sentence versus going to trial. 

Our attorneys are listeners and activists for your interests. We work hard on your behalf to get you a fair and right outcome for your case. Under the Constitution, your rights are protected no matter your crime, and you are presumed innocent until proven guilty. Our attorneys assure you that your rights under the law are protected and enforced. 

  • You have the right to a quick trial 
  • You have the right to a public trial. 
  • You have the right to legal counsel. 
  • You have the right to notice of accusation. 
  • You have the right to an impartial jury. 

If you reside in Lexington, Kentucky, or surrounding areas and need legal help for a misdemeanor or felony crime, call us as soon as possible. No matter if you were arrested for a misdemeans or felony, we must find out if you were simply in the wrong place at the wrong time, which happens more frequently than you may know.  

Attorney Dan Carmen is Lexington’s leading and highly respected, experienced, and skilled defense attorney. He is committed to reviewing all evidence to determine if you were or were not involved in a crime. Were you mistakenly charged? We work tirelessly to discover the truth and defend your rights. Give us a call as soon as possible at 859-469-4314 for a free, no-obligation consult. We want to hear your story and work hard to defend your rights.

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