where's the line between a misdemeanor and a felony?

[dferraro]

What is the name of your state? ny

if i'm being charged with a felony and the d.a. is going to reduce
it to a misdemeanor, then isn't it a misdemeanor already? what
gives her the authority to reduce it? why can't my lawyer reduce
it on similar grounds? if something is capable of being a misdemeanor
from a felony then can't a lawyer argue that the felony should be a
misdemeanor and try to get it reduced without the d.a.. if someone else
gets a misdemeanor for the same crime, i'm getting a felony for, what can
I do about it?

 

[stephenk]

There are some crimes that can be charged either as a felony or misdemeanor. They are called wobblers.

The DA has the discretion to decide whether the particular facts of your case merit the charge to remain a felony or to be dropped to a misdemeanor. Remember it is fact specific. Someone else may be charged as a misdemeanor for the same crime because of a twist in the facts.

Sometimes charges are originally filed as misdemeanors and a city attorney or DA changes the charge to a felony. It works both ways.

Your attorney can argue that the facts dont merit a felony but he doesnt have any authority to reduce the charge.

 

[CombatTN88]

We all know that misdemeanour is 11 months and 29 days or less which penalties are either jail, probation, or fines. Felony is more than a year in prison, big fines, or death penalty. Unlike those convicted of misdemeanour offenses, felons lose their rights for a long time.

Most often, you get felony drummed down to misdemeanor is because DA didn't have enough evidence to convict you, but try to get you to accept a deal instead of gambling on a full blown trial. On the other side, you are also first time offender for not serious felony offense. Many things can lead to dropping down to misdemeanour. The DA and judge both have powers to do that, not your lawyer. The only thing your lawyer can do is to try to get DA or judge to do something.

Now, if I was charged of felony, I would want to accept MISDEMEANOUR rather than felony.

 

[Bravo8]

Combat-

Your definition may be true to Tennessee, but not Pennsylvania.

Misdemeanor 3 - up to 1 year and $2500 fine.
Misdemeanor 2 - up to 2 years and $5000 fine.
Misdemeanor 1 - up to 5 years and $10,000 fine