Misdemeanor or Felony
What’s the Difference and Why Does it Matter?
In California, most sex crimes are felony offenses. Although, there are some lesser offenses that the prosecution treats as misdemeanors.
To further explain, it’s important to know what a wobbler is in the court system. When a charge can go either way – a misdemeanor or a felony, the crime is a wobbler. Unfortunately, the discretion with which to file this wobbler rests in the hands of the prosecution. The prosecuting attorneys make the decision here: Misdemeanor or Felony.
The main difference between a misdemeanor and a felony
is the punishment.
Now, both convictions carry the possibility of probation, heavy fines, restraining orders, and community service. However, a skilled criminal attorneys will vigorously fight to dismiss all charges. Additionally, and at the very least, will fight to have any felony charges reduced to lesser offenses.
Based on a meticulous review of the facts, great attorneys clearly recognize discrepancies. They see them in witness statements and police reports. Furthermore, they know exactly what evidence to look for. This, allows them to highlight the weaknesses in the prosecutor’s case.
Felonies are the most serious types of crimes. At times they are punishable by death or imprisonment in the state prison.
Felony prison sentences are at least one year in duration. When not otherwise specified, a felony is punishable by imprisonment in any state prison for 16 months, or two or three years. Felony sex offenses, which include rape and most cases that involve minors, can carry prison sentences of up to eight years and, under a variety of circumstances, a defendant can be sentenced to consecutive sentences, resulting in lifetime imprisonment. Wobblers will generally be filed as felonies if the defendant has prior convictions for similarly charged crimes, if the facts of the particular offense were aggravated or if the alleged victim suffered an injury as the result of the defendant’s conduct.
Essentially, misdemeanors are crimes that don’t
rise to the level of felonies.
Possession or distribution of obscene materials (so long as children aren’t depicted in the materials) and indecent exposure are examples of two less-serious, misdemeanor sex crimes.
Misdemeanors typically carry a maximum six-month county jail sentence and a maximum $1,000 fine. Although, there are many misdemeanors that carry a maximum one-year jail sentence and a maximum $2,000 fine. An individual serving a misdemeanor sentence serves his or her time in a county jail, not a state prison.
Although misdemeanors are less serious than felonies, they can still do serious lifetime damage. These convictions appear on background checks, making it more difficult to secure employment. Additionally, these convictions label the defendant as a criminal forever. Lastly, some misdemeanor sex offenses require a convicted defendant to register as a sex offender/ This is pursuant to California penal code 290.
Hire an Outstanding Attorney
The outstanding criminal defense lawyers at The Kavinoky Law Firm specialize in sex crime defense and dedicate their careers to protect the rights of their clients. They understand the seriousness of a sex offense accusation. They work tirelessly to help their clients avoid the harsh penalties associated with this class of crimes.
With law offices in Los Angeles and throughout California, they have several convenient locations. If you need an aggressive California sex-crime lawyer, we will passionately defend your case. We defend your rights with skill and integrity. Contact the California Attorney today for a free consultation, for the most trusted legal advice, and for unparalleled representation.
