When Can a Misdemeanor Become a Felony?
Certain misdemeanors are known as “wobblers,” meaning they can be elevated to felony charge under certain circumstances. For example, if someone causes an accident while intoxicated, resulting in someone else being injured or killed, the driver could face felony DUI charges. Additionally, someone who is found to have large amounts of illicit substances in their possession could be charged with a felony drug crime, whereas possessing a small amount of the same substance could only be charged as a misdemeanor.
Some examples of misdemeanors that are wobblers include:
When a misdemeanor charge is elevated, the criminal penalties are also increased. This means you could be facing incarceration for a longer period of time, as well as bigger fines. Regardless of the charges you are facing, our Salinas misdemeanors lawyer can help you pursue the most favorable outcome possible, whether that's negotiating with prosecutors for reduced charges or aggressively presenting your defense in court.
Avoiding a Misdemeanor Conviction
Unless the charge is elevated, a misdemeanor conviction could result in a sentence of up to a year in jail, fines, probation, a requirement to attend certain educational classes, and other penalties. In addition, the situation will cost you time and money, since you will need to pay fines, probation costs, and for other requirements, such as mandatory substance abuse classes or having an ignition interlock device installed on your vehicle for DUI charges. It is important that you work with a qualified attorney who can help you mount a strong defense.
There are many possible defenses to misdemeanor charges, including:
- Lack of Evidence: Insufficient evidence to prove guilt beyond a reasonable doubt
- Alibi: Demonstrating that you were elsewhere when the crime was committed
- Mistaken Identity: Arguing that you were wrongly identified as the perpetrator
- Consent: Claiming that the other party consented to the actions involved
- Self-Defense: Asserting that your actions were necessary to protect yourself from harm
- Defense of Others: Claiming that you acted to protect someone else from imminent harm
- Duress: Arguing that you were forced to commit the crime under threat of harm
- Unlawful Search/Seizure: Arguing that evidence was obtained in violation of your rights
- Statute of Limitations: Proving that the time allowed to prosecute the offense has expired
- Provocation: Claiming that the actions of another party provoked your behavior
While a misdemeanor is certainly less serious than a felony, any criminal conviction may continue to impact your life in the future. Certain jobs, acceptance into universities and certain educational programs, and other career opportunities may be denied to individuals with a criminal record. It is always in your best interests to avoid a conviction whenever possible. You should not hesitate to seek legal advice from an experienced defense attorney after an arrest.
Local Attorney & Former Public Defender
Attorney John Klopfenstein has practiced criminal defense law in the local community for more than 30 years, including 15 years as a public defender in two different public defenders’ offices. As a result, he is familiar with the District Attorneys and judges who will most likely be handling your case.
We offer consultations, including appointments at night and on weekends, when necessary. This is the best way to get accurate information for your case. During your consultation, our Salinas misdemeanors attorney will advise you of the penalties you could be facing, evaluate your case, and answer your questions. He can develop the most effective defense strategy and fight to protect your rights at every stage of the process.
Contact our firm today at (831) 610-5921 to speak to a knowledgeable attorney about your rights.
