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Felony Defense Attorney

If you are facing criminal charges in the Chicago area, call the Law Offices of Michael P. Schmiege. We are available round the clock to discuss details of cases regardless of whether it is for DUI, drug crimes, violent crimes or others. For more, visit willcountycriminalattorneys.com

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Felony Defense Attorney

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  1. What is a Felony in Criminal Law – Felony vs. Misdemeanor Felony is a category of crimes in criminal law that is considered very serious, regardless of whether it is violent or non-violent. The primary characteristic of a felony is that anybody convicted of such a crime will be incarcerated for at least one year and the imprisonment has to be served in a prison facility and not in a county or local jail. Fines imposed for felony charges are often in thousands of dollars.

  2. Felonies are serious offenses and include the following but is not restricted to: • “Human trafficking, burglary, robbery, homicide, attempted murder, rape, arson, criminal damage to property, escaping from prison, failing to inform a sex partner of their HIV-positive status, interfering with a guardian's custody rights including interstate interference, and assisting in a felony”

  3. Apart from these main crimes, current State and Federal laws may categorize other crimes as felonies. Under such circumstances, knowing how felony law works and is interpreted can be a very complex task more so as it varies from region to region. Hence, if you are facing felony charges and have been arrested, your first step should be to get in touch with a competent and experienced felony defense attorney as soon as possible. Your attorney will explain the options available to you like reduced or dropped sentence and details of felony expungement.  

  4. Now, what is felony expungement? It is a process where felony charges are removed and cleared from a person’s records depending on the age of the person and the jurisdiction. Once expunged, the public cannot access any details or information of the felony charges.Here it is critical to note the difference between “felony arrest” and “felony charges”. When police suspect a person of having committed a felony, the arrest is called “felony arrest”.  On the other hand, “felony charges” are brought against the suspect when the charges are entered in records at a formal court hearing. Conviction takes place when the accused is found guilty of a felony. In a nutshell, it is possible to be arrested on felony charges but not receive felony charges or conviction. 

  5. Crimes of felony are distinct from misdemeanor crimes. Misdemeanors are ones that are less serious than a felony and usually lead to small fines and/or jail time of less than a year in jail and not a prison facility. Hence, the distinguishing factor between a felony and a misdemeanor is the length of incarceration time for the commission of the crime. Broadly, misdemeanors include vandalism, trespassing, petty theft, and public drunkenness.Misdemeanors in specific cases may be elevated to the status of a felony. An assault, for example, is a misdemeanor but when carried out with deadly weapons against a child, woman or a police officer, it is considered to be felony leading to appropriate sentences.

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