As a general rule, a misdemeanor results in a shorter period of incarceration, typically less than a year. In addition, a sentence for a misdemeanor it customarily served in a city or county jail, rather than a prison. You can be charged with multiple misdemeanors in the same legal proceeding and may be sentenced to serve time concurrently (at the same time) or consecutively (one sentence after the other).
You have the same constitutional rights with a misdemeanor that you have when charged with a felony. You have the right to representation by legal counsel—an option you should always take. Jury trials may or may not be available, depending on the jurisdiction and the offense. Typically, the jury for a misdemeanor is smaller than for a felony.
What is a Felony Offense?
Felonies are considered much more serious. As a result, the penalties are more severe and certain basic rights, such as the right to vote or own/possess firearms, may be lost upon conviction. Many violent crimes are prosecuted only as felonies, including most forms of homicide and many sex crimes. Other offenses, such as theft, may be charged as petty theft (a misdemeanor) or grand theft (a felony), based on the value of the goods stolen.
As a general rule, conviction for a felony will result in incarceration in a state or federal prison for a minimum of one year. Felony convictions can also lead to substantial fines, payable to the state.
In most instances, a traffic violation will be charged either as an infraction/petty offense or as a misdemeanor. In fact, most traffic citations don’t even rise to the level of a misdemeanor, unless there was damage to property, someone suffered a personal injury, or there was a legitimate threat of personal injury/property damage. A traffic offense will seldom constitute a felony, unless the defendant is a repeat offender or there’s death, great bodily injury or substantial property damage.
Contact the Experienced Attorneys at Bailey & Galyen
At the law office of Bailey & Galyen, we provide a free initial consultation to every client. To set up an appointment with an experienced Texas criminal defense attorney, contact us by e-mail or call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.