What is the Difference Between a Felony and a Misdemeanor?

Felonies and misdemeanors are the main types of criminal offenses in South Carolina. Felonies are more serious crimes punishable by over three years in prison, while misdemeanors are less serious offenses punishable by under three years in prison. These prison sentences are not mandatory, and an experienced Gaffney criminal defense attorney might still fight to keep you out of jail.

Although the three-year imprisonment rule is generally how South Carolina distinguishes between offense levels, this breakdown is unique. Most states consider any crime punishable by more than one year in prison to be a felony. This changes how you must respond to out-of-state job questionnaires and federal inquiries. If you have any questions regarding a current or previous felony charge, contact a Gaffney defense lawyer immediately.

Consequences of Felony Convictions in Gaffney

If you’ve been charged with a felony, jail time isn’t your only concern. Felony-level offenses might be punishable by life imprisonment and often carry additional financial and social consequences. For example, many employers do not hire felons, and most job applications ask about felony, not misdemeanor convictions. Having a felony on your record might also impact your ability to attend school, obtain certain professional licenses –including a law degree– own a home, and even vote. A felony conviction could also impact your immigration and child custody rights, though this depends on the nature of the offense.

South Carolina breaks felonies down into six categories, from Class A to Class F, with Class A felonies being the most serious. Examples of Class A felonies include the following:

• Murder
• Rape
• Armed robbery
• Terrorism
• Kidnapping
• Abuse of a vulnerable adult or child
• Narcotic drug trafficking
• Human trafficking
• Arson
• Carjacking
• Violent firearms offenses

A dedicated legal advocate might introduce evidence of certain mitigating factors, such as drug weight, to reduce Class A felonies to lower-level felonies or even misdemeanors.

Understanding Lesser-Included Misdemeanor Offenses

Prosecutors might use the term ‘lesser-included offense’ if you’ve been charged with a felony in Gaffney. Every felony is often composed of multiple misdemeanor offenses. For example, armed robbery may include misdemeanor burglary, larceny, and assault charges. Prosecutors will charge you with the highest-level offense but experienced criminal defense lawyers know how to negotiate favorable plea deals for lesser-included misdemeanors. This might involve submitting evidence of certain mitigating factors, such as self-defense or police misconduct. By challenging the validity of the prosecutor’s case, your attorney might get felony charges reduced to Class A or B misdemeanor offenses.

Benefits of Retaining a Gaffney Felony Defense Attorney

Even if prosecutors refuse to drop felony charges, enlisting the help of a Gaffney criminal defense lawyer from Parker and Bain Law could prevent higher-class felony convictions. We can even challenge the mens rea – knowledge and intent – required to support felony offenses, potentially defeating these charges during trial.

You should take any criminal charges seriously, even if prosecutors agree to reduce your felony charges to misdemeanor charges. Misdemeanor offenses might still carry jail time and social consequences. You might also be required to pay heavy fines and restitution to victims. Do not speak with prosecutors without one of our dedicated criminal defense lawyers on your side.  To schedule your consultation, contact us online or call (864) 774-4586 today.