Facing criminal charges can be an overwhelming and stressful experience, particularly when they could escalate from a misdemeanor to a felony. Many people may not realize that what starts as a seemingly minor offense can, in certain circumstances, turn into something far more serious with much more severe consequences.
At the Law Office of Michael D. Litman, PLLC, we take criminal law very seriously, and we understand the stakes can be high. Whether you're facing misdemeanor charges that could escalate or you're already dealing with felony charges, understanding how and why a charge might be elevated is crucial.
If you need a skilled felony charges attorney, we are here to help guide you through this process and advocate on your behalf. Located in White Plains, New York, we serve clients in Westchester County, Harrison, and Yonkers. Contact us today.
In New York, crimes are classified into two broad categories: misdemeanors and felonies. Misdemeanors are considered less severe offenses, and the penalties typically involve less serious consequences. If you have been convicted of a misdemeanor, you could face up to 364 days in jail, fines, probation, or other restrictions, depending on the specific offense.
Felony charges are much more serious and can result in lengthy prison sentences, hefty fines, and a criminal record that can impact a person for the rest of their life. Felonies can result in a prison sentence of over one year, with more severe felonies leading to prison time that spans several years or even life sentences in extreme cases.
The classification between a misdemeanor and a felony depends largely on the severity of the offense, the circumstances surrounding the crime, and the legal structure in which it occurs. However, sometimes, a misdemeanor can be elevated to a felony, particularly if certain factors come into play.
While the transition from a misdemeanor to a felony may seem intimidating, it's essential to understand that certain factors can make this elevation possible. Some common scenarios where misdemeanor charges might be elevated to felonies include:
If you have a history of prior offenses, it can significantly increase the likelihood that a misdemeanor charge will be elevated to a felony. Prosecutors often look to prior convictions to determine whether to elevate a current charge. New York's habitual offender laws will automatically increase the severity of charges after a certain number of prior convictions.
If the misdemeanor results in severe injury or damage, there is a higher chance that the charge will be elevated to a felony. The courts will examine documentation, such as doctors' reports and medical records, to determine the severity of the injury and whether the charge should be classified as a misdemeanor or felony.
The use of a deadly weapon, such as firearms, knives, or other types of weapons, often acts as a key factor in increasing the severity of a criminal charge. If the court determines that the weapon was used with the intent to cause serious harm or injury, the charge may escalate from a misdemeanor to a felony.
Certain aggravating factors, such as the victim’s status or the location of the crime, can lead to an escalation from a misdemeanor to a felony. The victim’s age, health, or occupation can significantly impact whether a charge is elevated, and committing a crime in a restricted area (e.g., a school or government building) can lead to elevated charges.
In drug-related offenses, the quantity of drugs or intent to distribute can play a major role in the elevation of charges to felonies. If the prosecution believes that an individual was selling or distributing drugs, the charge will be much more severe. Similarly, possession of a significant amount of controlled substances can lead to felony charges.
Once a misdemeanor charge has been elevated to a felony, the case enters a much more complicated legal process. If your case reaches this point, consult an experienced criminal defense attorney who can guide you through what to expect:
Pretrial procedures: Felony cases involve more intricate legal processes, including longer investigations, pretrial motions, and negotiations with prosecutors.
Plea bargains: While felony cases are often taken to trial, many are settled through plea bargains, in which the defendant may plead guilty to a lesser charge in exchange for a reduced sentence.
Trial: If the case goes to trial, the stakes are much higher, and the defendant faces a much longer sentence if convicted.
Once a charge is elevated to a felony, you will typically face extended pretrial procedures, the possibility of plea bargains, and the possibility of a longer trial and harsher penalties. A knowledgeable felony charges attorney in New York can help you manage this process and advocate for your rights.
At the Law Office of Michael D. Litman, PLLC, we believe that every individual has the right to a good defense, regardless of the severity of the charges against them. If you or someone you know is facing felony charges or concerns about a misdemeanor escalating to a felony, contact our firm today.
Our felony charges attorney is here to listen, understand, and fight for your rights every step of the way. Located in White Plains, New York, our firm serves clients throughout Westchester County, Harrison, and Yonkers. Reach out to us today to schedule a free initial consultation. We're here to help.
Facing criminal charges can be an overwhelming and stressful experience, particularly when they could escalate from a misdemeanor to a felony. Many people may not realize that what starts as a seemingly minor offense can, in certain circumstances, turn into something far more serious with much more severe consequences.
In New York, misdemeanors are divided into three main categories: Class A, Class B, and unclassified misdemeanors. Class A misdemeanors are the most serious, while Class B misdemeanors are less severe, and unclassified misdemeanors often involve specific statutes such as traffic or local ordinances. Although misdemeanors are less severe than felony offenses, they can still carry significant penalties, including jail time, fines, and a lasting criminal record.
