How Felonies And Misdemeanors Differ

Felonies and misdemeanors differ in numerous ways. The most important distinction to understand is that felonies are more serious and carry substantially higher sentences. If you have been charged with a felony and we defend you, an analysis of your case will help determine the most effective defense strategy.

A Close Analysis Of The Charges Is The First Step In Criminal Defense

Skillful defense of someone facing criminal charges in California begins with a close examination of the charges. At The Law Offices of Glew & Kim in Santa Ana, we devote considerable time and attention to explaining clients’ charges during our initial consultations with them, in terms of:

• What jurisdiction they pertain to (a municipality, a county, the state or a federal court)
• Whether or not an offense is designated for handling in the Division of Juvenile Justice
• The degree of an offense (aggravated or not; first, second or third degree; first offense or repeat offense)
• The level or severity of the charges (infraction, misdemeanor or felony)

Courts may classify offenses such as the following as either felonies or misdemeanors: DUI/DWI, hit-and-run accidents, theft, possession of marijuana or other drugs, violent crimes and sex offenses.

“Wobblers,” Or Offenses That A Court May Consider To Be Misdemeanors Or Felonies

Some felonies are known as 17b offenses, or wobblers. These are felonies that can be reduced to misdemeanors. From the California Penal Code, section 17 a and b: “A felony is a crime that is punishable with death, by imprisonment in the state prison, or … by provision in a county jail … When a crime is punishable, in the discretion of the court … it is a misdemeanor … under [particular] circumstances …”

Some Examples Of Potential Defense Strategies

When a case dismissal is not attainable, we may seek to have charges reduced from felonies to misdemeanors. This distinction may make a great difference in potential penalties, such as jail time, fines, eligibility for probation and other issues such as protection of driving privileges.

Depending on the facts of your case, if a dismissal is out of reach and the offense is a wobbler, you can count on The Law Offices of Glew & Kim to work hard to get the offense classified as a misdemeanor.

Keep in mind that there is no substitute for an individualized review of your criminal matter. This general discussion of felonies, misdemeanors and defense strategies does not constitute legal advice.

Request A Consultation With An Experienced Trial Lawyer

Ask for a meeting at your earliest convenience regarding your criminal charges, felonies and misdemeanors. Attorneys at The Law Offices of Glew & Kim are prepared to fight for your rights and your future. We represent clients throughout and beyond the Santa Ana metro area. Call 714-713-4525 or email us. We pledge a prompt response.

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