Knowing the five differences between Felony charges and Misdemeanor charges is essential when facing a criminal case in Greeley, Colorado courts. Colorado courts have very special rules about the more serious felony crimes and you will receive a much more serious punishment if convicted of a Felony. Let’s study each of the five differences so you are fully prepared to face your criminal charges head-on.
Here are the Five Differences:
- A Felony sentence can only be served in prison in most cases
- A Misdemeanor can only be served in the Weld County Jail
- Different courtrooms handle Felonies and Misdemeanors
- Probation is an option for most Misdemeanors, but not all Felony Convictions
- Firearms cannot be possessed by Felons, but can be possessed by most people convicted of a Misdemeanor
Let’s look at each of these differences below.
Difference #1: Felony Charges Can be Sentenced to Prison in Weld County Courts – but Misdemeanors Cannot
If you get convicted of a class 1 Felony (the most serious), class 2 Felony, class 3 Felony, class 4 Felony, class 5 Felony, or a class 6 Felony, you can be sentenced to the Colorado Department of Corrections, which is our prison system. After you are released from prison, you will be required to serve some time during transition on parole. In some cases, judges will give you a sentence to probation instead of prison. For many more serious crimes, probation is not an option, so we must study and be creative to get you the least amount of time in prison, if you absolutely must serve some time there.
Difference #2: Misdemeanor Charges Can Only be Sentenced to the Weld County Jail
If you are convicted of a class 1 Misdemeanor (the most serious), you can go to the Weld County jail for up to 2 years or 24 months. A class 2 Misdemeanor is normally sentenced for a year in the jail, and a class 3 Misdemeanor, like Harassment, can get you sent to jail for 6 months. Like Felonies, a Misdemeanor conviction is usually eligible for probation. While probation is a good deal compared to jail, sometimes jail can be a better option. While this may sound crazy, imagine that your attorney arranges for you to serve 30 days in jail, in exchange for a much less serious charge on your record. Wouldn’t you rather have a harassment charge on your record than an assault? How about a Misdemeanor Child Abuse charge rather than a Sexual Assault on a Child Felony? There are many factors which influence what a district attorney and defense attorney can do to better your circumstances. You need to know all your options and only an experienced defense lawyer who cares about you can give you this information.
Difference #3: One Court Handles Felony Cases and Another Court Handles Misdemeanor Cases
Usually, District Courtrooms at the Weld County Courthouse handle Felony charges and County Court Courtrooms handle only Misdemeanor charges. In most cases, District Courts can handle cases which have both Felonies and lesser Misdemeanors, while County Courts can only deal with Misdemeanor charges.
Difference #4: Probation is an Option for Most Misdemeanors, but Not all Felony Convictions
Nearly every Misdemeanor is eligible for probation, which means that is usually an option for a judge. If you don’t have a prior criminal history, your chances of probation are pretty good with a Misdemeanor conviction. Yet many Felony convictions, which are more serious, don’t permit probation. Imagine a crime of violence using a gun or a dangerous object, and someone is seriously injured. Most judges are not allowed to give you probation for this type of crime.
Difference #5: All Felony Convictions Require that You Never Possess a Firearm Again, While Only a Few Misdemeanors Do
Once you have a Felony conviction, you are permanently a felon. Felons cannot possess a gun, or they will break another law automatically – which is a separate Felony. With a Misdemeanor Domestic Violence conviction, you’ll also lose your firearm rights, but most other Misdemeanors won’t prevent you from owning a gun after you get off probation. Most people on probation cannot possess a gun until they’ve served their Misdemeanor probation sentence.
If you have been charged with a Felony, not all hope is lost. After more than 30 years working on criminal cases, our criminal defense lawyers can sometimes get a Felony dismissed if you plead guilty to a Misdemeanor. Which Misdemeanor to ask for is important, since each crime may have special penalties or collateral consequences. In some cases, we can figure out an option which gets you only a temporary conviction and then your rights are restored.
Call our defense lawyers at 970-616-6009 today. Don’t delay building your defense. Together, we can protect your future.
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