Consequences for misdemeanors and felony convictions are entirely different. A defendant must understand which crime he has been charged with in order to understand what will happen if convicted. Generally, a misdemeanor crime is punishable by up to one year in county jail. Misdemeanor trials are held in the state's lower court, sometimes referred to as District Court. Examples of misdemeanor crimes include drunk driving, disorderly conduct or retail fraud. A felony crime is punishable by one year or more in state prison or a penitentiary. Felonies begin in the state's lower court system but may move up to the state Circuit Court, or higher court. Sample felony crimes include murder, rape, or armed robbery felonious assault. The misdemeanor and felony arraignment processes are virtually identical to one another with one exception. In the misdemeanor arraignment process, a pre-trial in District Court is the next step following arraignment. In the felony arraignment process, the next step is a preliminary exam or a preliminary hearing. Once the preliminary hearing is completed, the case will be bound over to Circuit Court for further proceedings. It is recommended that the defendant receive legal representation prior to arraignment. A public defender may have little time to review the case before arraignment, or may not even be assigned the case until arraignment. Preparation is key to a successful defense. A private attorney can meet with the defendant prior to arraignment, review the case, and provide the defendant with step-by-step options prior to the arraignment process. Back to the Criminal Case Process |
In the end, Justice for All. Thor 06
Differences Between Misdemeanors and Felonies
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