Prosecutors use a number of factors to decide whether a reported crime should be charged as a misdemeanor or a felony. Generally, it is the severity of crime and whether the facts as reported by law enforcement most closely meet the elements of a misdemeanor or a felony.
Severity of the crime
The nature and extent of the harm caused by the crime is an important consideration. Generally speaking, the more serious offenses that result in significant harm to victims or the community are charged as felonies, while less serious offenses are charged as misdemeanors.
Criminal history
The defendant’s prior criminal record is often taken into account when deciding how to charge a crime. Defendants with a history of violent or serious offenses may be more likely to be charged with a felony, while first-time offenders or those with minor prior offenses may be charged with a misdemeanor. Again, this will depend on the severity of the alleged crime. For example, using a deadly weapon and threatening to kill someone is very unlikely to be charged as a misdemeanor.
Aggravating factors
Certain circumstances may aggravate the offense and lead to a more serious charge. For example, if a crime was committed with a weapon or if it was a hate crime, it may be charged as a felony. Additionally, crimes committed with children present are taken most seriously.
Mitigating factors
Conversely, certain circumstances may mitigate the offense and lead to a less serious charge. For example, if there were extenuating circumstances that led to the offense, it may be charged as a misdemeanor or even dismissed. Being a nice person is not a mitigating factor. The extenuating circumstances are generally fact-specific as related to the crime rather than character-based.
Available evidence
The prosecutor’s ability to prove the elements of the crime is an important consideration when deciding how to charge the offense. If there is strong evidence to support a felony charge, it may be pursued even if other factors would suggest a misdemeanor charge.
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Ultimately, the decision of whether to charge a crime as a misdemeanor or a felony is based on a combination of legal, factual, and practical considerations, and can vary depending on the circumstances of the case and the priorities of the prosecutor’s office.
If you have not yet been charged, reaching a local criminal defense lawyer is critical. In some cases, our attorneys have been able to convince the prosecutor, prior to arraignment, to “drop down” a case referred in by law enforcement as a felony so that it was actually charged in district court as a misdemeanor. Every hour can matter in those situations.
If you or a loved one is facing a misdemeanor or gross misdemeanor charge (we are no longer taking felony cases), reach out to our attorneys to see how we can help. We are here 7 days a week. (360) 792-1000
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Whether you choose to handle your case alone or engage the Witt Law Group, being informed and prepared is essential. Early involvement of an attorney can significantly impact your chances of a fair recovery, allowing you to focus on healing while we handle negotiations with insurance adjusters to secure fair compensation for your injuries.
