Calling the Shots: How Does the Law Divide Felony from Misdemeanor in Common Crimes?

Your average heated barroom scuffle wouldn’t result in a felony conviction…or would it? Sometimes the law can appear arbitrarily out to get us. Just for clarification, let’s spell out the likelihood of one getting sent to the big house for some common crimes...

Misdemeanor Assault vs. Felonious Assault

The specific difference between felony and misdemeanor assault begins with the verbal—a threat on a citizen’s doesn’t translate into a felony. If an assault results in bodily injury—an incredibly fluid term—then it can be felonious. A judge can also weigh whether the assault was premeditated and acted with the intent to cause serious bodily harm, also a fluid term that might require a judge’s steely insistence.

Other aspects of assault are less open to interpretation: if the physical assault was also a sexual assault, it is absolutely felonious.

When Does a DUI offense Turn from Misdemeanor to Felony?

DUI’s are a serious offense of the law. In the U.S.’s driving culture, unfortunately, this doesn’t make them any less common. For repeat offenders, the supposedly “minor” DUI racked up 4 times within a decade is then smattered on one’s permanent criminal record as a felony. A DUI is also considered a felony if someone is injured in any way, or if their drunk driving causes vehicular homicide. A DUI can also be considered a felony if other crimes were involved, or if major property damage resulted. Raising the offense to a felony results in heavy fines, and almost certain jail time, followed by parole and probation of driving—usually an inability to leave the state.

Legal Representation to Minimize Your Sentence

With any great legal representative, one can argue their felony DUI or assault conviction down to a mere misdemeanor. If your misdemeanor caused you to end up on probation, you’ll be eligible to expunge a misdemeanor from your permanent record three years after you completed your probation. Most misdemeanor crimes can only sentence incarceration for less than a year, served via community service out on bail or on some other combination including parole—still with this legal punishment, the convicted won’t have to go to the big house, a.k.a. a state penitentiary. Felony convictions do lead to jailing in a state penitentiary for more than a year, but aren’t all horses of the same color—they vary in seriousness, from a 1st, 2nd, or 3rd degree, for example. Most states deprive a felon of their civil rights. No matter what the case, once you’re a felon you’re forever an unrepresented member of society with no ability to vote or serve on a jury. Call (312)553-2200 to defend your civil rights in a court of law today!