The court standards for evidence and defense are typically different for misdemeanors and felony charges. Misdemeanor charges may include major traffic infractions that result in an accident, violations of municipal and county statutes, and lesser property crimes. Felony crimes are likely to involve a more complex process of pretrial motions and court dates. Federal felony charges involve a different standard of evidence and time-lines for legal motions than California state felony charges.
Misdemeanors
Misdemeanors are usually Usually charged by a written complaint and may include up to one year in jail and a fine up to $1,000. Typical misdemeanor crimes include charges such as DUI, disorderly conduct, solicitation of prostitution, and domestic violence. Misdemeanor crimes can be raised to the level of a felony charge if the District Attorney feels that sufficient evidence exists to prove significant harm to a victim or property. Criminal Defense Attorney Rafael Trujillo has been representing San Franciscans charged with crimes for almost 30 years and has been a California State Bar Certified Criminal Law Specialist since 1995. Misdemeanors are generally less severe than felonies in California. California has a number-based system designed to describe the severity of the crime alleged. Below are those classifications and the potential periods of incarceration for each:
Class 1 misdemeanor: 6 months
Class 2 misdemeanor: 4 months
Class 3 misdemeanor: 30 days
Fines can also be imposed upon conviction of a misdemeanor, and the amounts involved will depend upon the facts of the case and the criminal record of the convicted defendant.
Felonies
Felonies are typically the most serious crimes in any system of criminal law. A standard definition of a felony is any crime punishable by more than one year in prison or by death. This means that any crime that has a sentence of only a fine or confinement in the local jail is not a felony. Often the offense itself is not labeled as a felony, but the punishment tells the public that the offense is a felony. On the other hand, state codes may label a crime a "gross" or "aggravated" misdemeanor but provide for a sentence of more than one year in the state penitentiary system. Felony Convictions include Assault, Criminal Battery, Domestic Violence, Drug-Related Crimes, DUI/DWI, Kidnapping, Manslaughter, Murder, Rape and Robbery. Criminal Defense Attorney Rafael Trujillo has successfully defended thousands of criminal defendants facing some of the most difficult situations in their lives. If you are facing the possibility of criminal charges you want and need a criminal defense lawyer like Rafael by your side