People consistently reach out to attorney Lynn Torgensen to ask about the difference between felony and misdemeanor indictments when facing criminal charges. After all, any kind of indictment can be nerve-wracking, uncomfortable, and severely consequential.
That being said, the best course of action is always to reach out to a qualified criminal lawyer in Minneapolis. But in this article, continue reading to understand the basics between misdemeanors versus felonies.
The Difference Between A Felony Versus Misdemeanors
In Minnesota, there are gross misdemeanors, misdemeanors, and finally, petty misdemeanors. To differentiate between a misdemeanor and a felony offense, let’s explore this first category to start:
Gross Misdemeanor
Penalties for being convicted of a gross misdemeanor in Minnesota are up to one year in jail or up to a $3,000 fine. This is the most serious misdemeanor that there is. Examples of gross misdemeanors are stalking, aggravated assault, and DWIs.
Gross misdemeanors are characterized by a behavior that was preventable by the guilty party.
Misdemeanor
This is also considered a standard misdemeanor. You can be punished with up to 90 days in jail or a $1,000 fine. To understand more about misdemeanors, contact Lynn Torgenson for criminal defense consultation.
Petty Misdemeanor
This is the least serious form of misdemeanors and is punishable by a fine of $300 or less. Many of these do not equate to any jail time. However, petty misdemeanors still show up on your record and can have a negative effect if you don’t get them expunged. This can include traffic violations and trespassing.
How Does A Misdemeanor Differ From A Felony?
Is a felony worse than a misdemeanor? It certainly is. And felony assault vs misdemeanor assault comes down to the severity of the crime and punishment.
Felony
Now that we’ve discussed the types of misdemeanors let’s talk about misdemeanors vs felonies. Some felonies are classified that way from the beginning. Other crimes can start out as misdemeanors and then become felonies.
A misdemeanor can become a felony in the following ways:
Habitual Offender
If you become convicted of the same misdemeanor over multiple instances, it can become a felony. Sometimes, the difference between felony vs misdemeanor theft comes down to frequency.
Violent Crimes
If a misdemeanor includes violence, then it could also be classified as a felony.
The Use Of A Deadly Weapon
If you commit a misdemeanor but are armed with a deadly weapon, this could result in felony charges.
Statute Of Limitation For Criminal Charges
Prosecutors must file misdemeanor charges within three calendar years of the offense taking place.
Expunging Misdemeanors
There are several ways to expunge a misdemeanor record. However, you should consult with an attorney as the laws in Minnesota are complex and constantly evolving. That’s one of the primary reasons getting a lawyer is so essential.
Is A Felony Worse Than A Demeanor?
Lynn Torgerson is a criminal lawyer in Minneapolis who has 29 years of experience defending her clients.
Whether you or a loved one is facing criminal charges, she can help. Felonies, gross misdemeanors, and misdemeanors are no laughing matter. Get the legal representation that you need and deserve by reaching out for a consultation today.