Tafelski

misdemeanors and felonies faqs

What is a misdemeanor?
What is a felony?
What is the difference between a felony and a misdemeanor?
What are white-collar crimes?
What are my rights if I am stopped, searched, or arrested by the police?
The police did not read me my rights when I was arrested. Will my case be dismissed?
What is the difference between manslaughter and murder?
What is the felony murder rule?
What is a grand jury?
What are interrogatories?
What is a deposition?
What is a pretrial hearing?

What is a misdemeanor?
A misdemeanor is a petty offense. It is a less serious crime than a felony, punishable by less than a year of confinement. Most misdemeanors are punishable by up to 93 days in jail but a high misdemeanor is punishable but up to two years in prison. The confinement for anything other than a high misdemeanor is in a city or county jail, rather than a penitentiary or prison.

More about Misdemeanors.

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What is a felony?
A felony is a serious crime, such as arson or murder. In addition, if the law provides for imprisonment for an offense that is longer than one year, the offense is usually considered a felony. A felony arrest remains on your record forever and can be used against you for sentencing purposes on future cases, regardless if you were guilty or innocent of that previous charge. In Michigan a single conviction, even if a felony, can be expunged after five years. Some convictions are ineligible for expungement.

More about Felonies, Expungement.

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What is the difference between a felony and a misdemeanor?
Generally, the potential punishment is the deciding factor in whether a crime falls into one category or the other. If imprisonment for longer than a year is the punishment provided by law, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor.

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What are white-collar crimes?
White-collar crime is a term that is usually applied to crimes associated with business that do not involve violence or bodily injury to another person. Many federal white-collar prosecutions are for tax crimes, such as tax evasion, failure to file income tax returns, or tax fraud.

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What are my rights if I am stopped, searched, or arrested by the police?
Your rights are as follows:

• You have the right to ask why you have been stopped.
• The police may "pat-down" your clothing if they suspect you are carrying a concealed weapon, but you have the right to refuse any additional search.
• If you are arrested in Michigan the police must tell you that you have the right to remain silent and the right to talk to a lawyer once you are in custody.

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The police did not read me my rights when I was arrested. Will my case be dismissed?
Failure to advise you of your Miranda rights does not automatically result in dismissal of the case against you. It is possible to get your statements thrown out in certain circumstances, but you should discuss the facts of your case fully with a knowledgeable and experienced criminal law attorney at Paul J. Tafelski, P.C. Please contact our criminal defense lawyers today to discuss your case.

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What is the difference between manslaughter and murder?
Manslaughter is the unlawful, unintentional, killing of another person.

Manslaughter is commonly divided into two categories:

• Voluntary manslaughter - encompasses any homicide resulting from an intentional act done without malice or premeditation and while in the heat of passion or on sudden provocation.
• Involuntary manslaughter - involves an element of unlawful recklessness or negligence.

Murder is the unlawful, intentional killing of another person. First-degree murder is a homicide committed with premeditation or in the course of a serious felony (e.g., kidnapping). Second- and third-degree murder involve lesser degrees of intent.

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What is the felony murder rule?
The felony murder rule states that "any death which occurs during the commission or attempt to commit certain felonies, including arson, sexual offenses, burglary, robbery or kidnapping, is first-degree murder and all participants in the felony can be held equally culpable, including those who did no harm, had no weapon, and did not intend to hurt anyone".

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What is a grand jury?
A grand jury consists of twelve citizens who consider whether felony cases should lead to indictments. Grand jury proceedings are generally closed to the public, and witnesses take an oath of secrecy before testifying.

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What are interrogatories?
Written questions prepared by one party in a lawsuit, to be answered under oath by the other party (or parties).

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What is a deposition?
A formal interview under oath in the presence of a court reporter. The answers in a deposition are oral.

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What is a pretrial hearing?
If an indictment is returned by a grand jury in a felony case, the case will then be scheduled for a pretrial hearing. At the pretrial hearing the defendant and his attorney usually advise the judge whether the defendant wants a trial or will plead guilty. Also, if a trial is desired, it is determined if a jury will be required. Certain motions concerning legal issues may also be heard at a pretrial hearing.

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