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Misdemeanors and Felonies

Anderson, Greenville, Spartanburg, South Carolina

The Dick James Law Firm is known for its Greenville, South Carolina criminal defense attorneys who treat you like a member of their own family when representing you against misdemeanor or felony charges.

The difference between a misdemeanor and a felony often relates to the seriousness of the offense and the length of incarceration if convicted of the crime. For most misdemeanors, the maximum length of time a person can be incarcerated for is one year. Felonies on the other hand, require a minimum prison sentence of more than one year.

In cases where there has been purposeful property damage, or property has been stolen, the decision between a misdemeanor or a felony charge is based on the dollar value of the missing or damaged property.

Misdemeanor Offenses

Misdemeanor offenses that are commonly charged in city and municipal courts include:

• Assault
• Assault and battery
• Criminal domestic violence
• DUI (Driving Under the Influence)
• Driving with a suspended license
• Petty theft
• Possession of alcohol by a minor
• Public intoxication
• Resisting arrest
• Shoplifting
• Simple battery
• Simple drug possession
• Trespassing

Felony Offenses

Felony offenses are much more serious than misdemeanors and carry harsher punishment and longer prison sentences. These include:

• Murder
• Rape
• Kidnapping
• Robbery
• Criminal Records

The commission of a misdemeanor after a person has reached 18 means that the crime stays on your record. Therefore, potential employers that conduct background checks will know about the charges, so do not try to cover it up. If the misdemeanor was committed prior to the person's 18th birthday, the records can often be expunged when the person reaches 18.

A felony also remains on your record, especially if it was committed after you reached adulthood. This makes it difficult for the person to find gainful employment. Felonies committed prior to the age of 18 may remain on the record once the person has reached 18. Even if there was no conviction, the arrest record still remains.

In general, misdemeanors do not prevent one from being able to work in the military or in law enforcement. Felony charges often prevent acceptance into any military branch and may prevent one from being able to obtain a security clearance for certain jobs.

Some crimes, whether classified as a misdemeanor or a felony. will prevent a person from being employable in certain fields. If one has been required to register as a sex offender, they cannot be employed in any position that allows them to be in contact with children. Most sex offense crimes are classified as felonies, but plea bargaining may get the charged reduced to a misdemeanor. This may reduce the prison sentence, but the person still must register as a known sex offender.

As you can see, the difference between a misdemeanor and a felony and how the offender is convicted and treated can vary drastically. If you have been charged with any crime, you should seek the advice of our criminal defense attorneys in Anderson, Spartanburg and Greenville, South Carolina by contacting the Dick James Law Firm today.