Distinguishing Factors Between Arizona Felony and Misdemeanor Charges

People often get confused between misdemeanors and felonies. While both are criminal charges, one is not as severe as the other. Speaking to a criminal defense attorney can help you understand the differentiating factors between the two.

What is a Misdemeanor?

A misdemeanor is a fairly minor type of crime. It includes offenses like excessive speeding, assaultive touching, criminal trespassing in the third degree, and leaving the scene of a parked car accident. There are three types of misdemeanors – Class 1, Class 2, and Class 3. While misdemeanors may include jail time, the sentence is generally short. However, you must not take misdemeanors lightly. It can affect your chances of getting a good job as some employers may not hire you if you have a misdemeanor conviction on your record.

What is a Felony?

A felony is much more severe than a misdemeanor. Individuals accused of felonies have to serve time in prison. Some of the common felonies in Arizona include theft, violent crimes like aggravated assault and homicide, sex crimes, and drug crimes.

Difference Between Misdemeanor and Felony in Arizona

Given below are different ways in which felony and misdemeanor charges are different in Arizona:

Jail Time

You will most certainly be sentenced to jail time if you get convicted of a misdemeanor or felony in Arizona. However, your jail time can be waived in the case of minor misdemeanors. How much jail sentence you get will depend on the class of felony or misdemeanor you are charged with. The circumstances of the crime will also play an important role.

• A Class C misdemeanor is the most minor. You will be sentenced to 30 days or less in jail if you are accused of a Class C misdemeanor.
• If you are charged with a Class B misdemeanor, your jail time could be 30 to 60 days.
• If it is a Class A misdemeanor, you can get up to six months to a year in jail.
  Felonies, on the other hand, are of five types and can lead to more severe jail times.
• A Class E felony is the most minor and will get you a year to five years in jail.
• A Class D felony will lead to five to 10 years.
• A Class C felony will get you between 10 and 25 years.
• If you have committed a Class B felony, you can get 25 years or more.
• A Class A felony is the most serious crime and may get you life in prison or even the death penalty.
  

  Fines

  Like jail time, you will have to pay higher fines if you are convicted of a felony in Arizona. The more severe the charge, the higher the fine you will have to pay. While you may be able to avoid jail time in certain situations with both a felony and misdemeanor in Arizona, you won’t be able to avoid paying a fine. You will also have to pay court costs if you get convicted.

  Impact on Criminal Records

  Felonies have a much greater impact on a person’s criminal record than a misdemeanor. A person with a felony conviction will lose their right to vote. They will also lose their right to be on a jury and the right to own firearms. Additionally, if a felony conviction comes up in a background check, the individual can lose a chance at a job or even a rental home.

  Can a Misdemeanor be Enhanced to a Felony in Arizona?

  The short answer to this is yes. If a person is arrested and charged with a misdemeanor, and during the investigation, it is found that the crime was much more severe, they can then get charged with a felony.

  What Happens When You Are Arrested For A Felony?

  Once you get arrested for a felony in Arizona, the police will conduct further investigation and interrogate you about the case. A judge will decide whether you should be released from incarceration on bond or your own recognizance. The court will consider various factors like the nature of the offense, the defendant’s criminal history, the risk of flight, and other factors depending on the situation.
  The court will also advise you about your rights and allow you to enter a not-guilty plea. You may request a preliminary hearing, where the prosecution has to prove that there is at least probable cause for your arrest. If the court is not convinced of the probable cause, the charges can be dismissed.
  If the preliminary hearing is denied or the court feels there is enough probable cause for the arrest, the case will proceed to pretrial proceedings. Both parties will try to resolve the issue or file motions at the pretrial hearings to address issues during the trial.

  What Happens When You Are Arrested For A Misdemeanor?

  When you are arrested for a misdemeanor, either a city, justice or municipal court will hear your case. The municipal or city courts will hear any crime within the city. Local justice courts will hear any crime conducted within state highways, property, or unincorporated areas. While each court has its way of conducting proceedings, the general framework for misdemeanors will be the same. If you are arrested, you will have to appear in front of a judge. The judge will set the conditions for release and provide an arraignment date during this hearing. At the arraignment, the judge will read the charges, the potential penalties, and the rights of the accused. Informal meetings will be conducted with the prosecutor to discuss evidence and negotiate. And finally, the case is taken to trial, where an experienced prosecutor will try to prove the defendant’s guilt beyond doubt.
  Whether you get arrested for a misdemeanor or felony in Arizona, you must take the help of a criminal defense lawyer. The lawyer will know the nuances of the law and can help you with your case. Contact https://arizonacriminalattorney.co/mesa/ if you need help with your case.

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