What is a Felony Misdemeanor?
In the criminal justice system, crimes are typically classified into two main categories: felonies and misdemeanors. While both types of crimes are considered illegal, the severity of the offense and the potential punishment vary significantly. In this article, we will explore the concept of a felony misdemeanor, also known as a "wobbler," and what it means for individuals facing criminal charges.
What is a Felony?
A felony is a serious crime that is punishable by more than one year in prison. Felonies are typically considered more severe than misdemeanors and are often associated with violence, property damage, or other serious harm. Examples of felonies include:
• Murder
• Rape
• Robbery
• Burglary
• Drug trafficking
• Embezzlement
What is a Misdemeanor?
A misdemeanor, on the other hand, is a less serious crime that is punishable by up to one year in prison. Misdemeanors are often considered less severe than felonies and may include crimes such as:
• Disorderly conduct
• Simple assault
• Shoplifting
• DUI (first offense)
• Petty theft
What is a Felony Misdemeanor (Wobbler)?
A felony misdemeanor, also known as a "wobbler," is a crime that can be charged as either a felony or a misdemeanor, depending on the circumstances of the case. Wobblers are typically considered to be crimes that are serious, but not as severe as felonies. Examples of wobblers include:
• Grand theft (theft of property valued between $950 and $3,000)
• Domestic violence (assault or battery committed against a spouse, intimate partner, or family member)
• Possession of controlled substances ( possession of drugs for personal use)
How is a Felony Misdemeanor Charged?
The decision to charge a felony misdemeanor as a felony or a misdemeanor is typically made by the prosecutor or the judge. The following factors may influence the charging decision:
• The severity of the offense
• The defendant’s criminal history
• The potential harm caused by the offense
• The defendant’s level of cooperation with the investigation
Consequences of a Felony Misdemeanor Conviction
If convicted of a felony misdemeanor, the consequences can be significant. A felony misdemeanor conviction can result in:
• Prison time: Up to one year in county jail or state prison
• Fines: Significant fines, potentially up to $10,000 or more
• Probation: Supervised release for a period of time, often with conditions such as community service or counseling
• Criminal record: A felony misdemeanor conviction can result in a permanent criminal record, which can impact future employment, education, and housing opportunities
Can a Felony Misdemeanor be Reduced to a Misdemeanor?
In some cases, a felony misdemeanor can be reduced to a misdemeanor through a process called "downgrading." This may occur if the defendant:
• Pleads guilty or no contest to the charge
• Cooperates with the investigation and provides valuable information
• Has a clean criminal record and no prior convictions
• Can demonstrate that the offense was a one-time mistake
Table: Felony Misdemeanor Charges and Consequences
Charge | Felony Punishment | Misdemeanor Punishment |
---|---|---|
Grand Theft | 2-4 years in prison, $5,000 fine | 1 year in county jail, $1,000 fine |
Domestic Violence | 2-4 years in prison, $5,000 fine | 1 year in county jail, $1,000 fine |
Possession of Controlled Substances | 2-4 years in prison, $5,000 fine | 1 year in county jail, $1,000 fine |
Conclusion
A felony misdemeanor, also known as a wobbler, is a crime that can be charged as either a felony or a misdemeanor. The decision to charge a felony misdemeanor is typically made by the prosecutor or the judge, based on factors such as the severity of the offense and the defendant’s criminal history. A felony misdemeanor conviction can result in significant consequences, including prison time, fines, and a permanent criminal record. However, in some cases, a felony misdemeanor can be reduced to a misdemeanor through a process called downgrading. Understanding the differences between felonies and misdemeanors, as well as the consequences of a felony misdemeanor conviction, is essential for individuals facing criminal charges.