Criminal Defense Lawyer Texarkana: The Difference Between A Misdemeanor And A Felony
April 25th, 2012 by John R. TeakellThere are some charges that can be classified as either misdemeanors or felonies. Such offenses are known as “wobblers”. When the District Attorney decides to bring charged forward for an offense as a felony, an experience criminal defense lawyer Texarkana can find ways to have the case reclassified as a misdemeanor under Penal Code 17 (b).
What is a felony charge?
Felony charges are serious criminal offenses that can involve life sentence or even death. In some instances, persons convicted of three qualifying felonies can be sentence to life in prison. When a person completes serving time for a felony, he or she is usually placed on parole for a period of time determined by the court.
What is a misdemeanor?
A misdemeanor offense is not as serious as a felony. If you are convicted of a misdemeanor, you can serve time not exceeding one year in a county jail. However, if you are convicted of multiple instances of misdemeanors, you may be sentenced to more than one year. The bail set for misdemeanor charges is usually lower than that set for felony charges. Apart from this, misdemeanor cases may be expunged except if they are sex offenses or other rarely prosecuted offenses. When one pleas for a misdemeanor, he or she is placed under summary probation, usually for a period of two to three years.
Felony and informal probation
One may be placed under felony probation or summary probation in the case was a misdemeanor. A felony probation may last up to 5 years during which the person will have to meet face to face with the probation officer on a regular schedule. During the meetings, the person may have to take random drug tests.
With summary probation, also known as informal probation, a person’s name is merely on the list. The probation usually lasts up to 3 years. However, in some special cases, it may be extended to 5 years. A person under felony probation usually has to pay some fees while there are no fees for informal probation.
When does a case qualify as a ‘wobbler’?
A case is known as a “wobbler” when it can fit ether a felony or a misdemeanor. It is up to the discretion of the District Attorney to decide what type of charge to bring forward. Some of the common offenses that fall under a “wobbler” include Grand Theft (Penal Code 487), criminal threats (Penal Code 422), domestic violence (Penal Code 273.5), causing injury to others (Vehicle Code 23153) among others.
When a case can fit a “wobbler”, the criminal defense lawyer Texarkana can file for a Pena Code 17 (b) motion to have the charges reduced from a felony to a misdemeanor. Before the court makes a ruling in such a motion, it will consider the age of the defendant, his or her criminal history and the circumstances of the crime. Other factors that may be considered include the defendant’s education level, volunteer activity (community involvement), employment status and marital status.


