Success Stories
- California: Client charged with Disorderly Conduct and Obstruction of justice after being beaten by police – CASE DISMISSED
- Indiana: Client charged with felony theft charge for allegedly stealing from a department store – CHARGES DROPPED
- Virginia: Client charged with being an accessory to shoplifting on a US military base – CHARGES DISMISSED
- Florida: 14 year-old client accused of molesting his 4 year-old adopted sister – CHARGES DISMISSED
FIRM ARTICLES
May 8, 2006
State Court Misdemeanors and Felonies
By: Victor Comstock, Attorney at Law and Jay Mykytiuk
The vast majority of defendants are prosecuted in State courts. All states (excluding the District of Columbia) have their own criminal code, and defendants who violate this code are tried in the state in which the violation occurs.
Both misdemeanor and felony offenses may be tried in State court. If you have been arrested or are under investigation by a local police department, you will most likely be prosecuted in a State court. State court crimes are violations of State and local statutes or ordinances. They are prosecuted in either Municipal or Superior Courts in the county in which the charges are filed, by either City Attorneys or District Attorneys.
Misdemeanors
Misdemeanors are generally considered lesser criminal acts. They are usually punishable by a maximum fine of $1000 and a county jail term of one year or less. Misdemeanor convictions may also result in loss of privileges, such as professional licenses, public offices, or public employment. Examples of misdemeanor violations include:
- Petty theft
- Prostitution
- Vandalism
- Drunk driving
- Simple assault
- Trespass
Felonies
Felony crimes are more serious, and are generally punishable by a state prison term or, in certain instances and States, death. Typically, felony convictions also result in a forfeiture of certain civil rights, including the right to vote. Examples of felony crimes include:
- Murder
- Burglary
- Possession of dangerous drugs for sale
- Robbery
- Rape
- Assault and Battery
The process of bringing a defendant to trial in State court varies from state to state, but the general steps in each state include:
1. Investigation and Arrest 2. Booking 3. Preliminary hearing 4. Indictment or Information 5. Arraignment 6. Adjudication 7. Sentencing 8. Appeal
For a more detailed explanation of the criminal process, see: the Criminal Case Process Page.
Criminal laws, penalties, and procedure vary from state to state, and it is important to obtain an attorney who is knowledgeable of the law in the state where you will be tried.
If you are arrested for violation of a State law, a criminal defense attorney may:
- Advise you of your rights and of what lies ahead in the criminal process
- Contact the police and/or prosecution to negotiate dropping charges or filing a lesser charge
- Arrange bail
- Make a motion for your release
- Make a motion to suppress illegally obtained evidence
- Examine prosecution witnesses at your preliminary hearing
- If necessary, represent you at trial
Imhoff & Associates, P.C. Criminal Defense Attorneys represents clients nationwide in State Courts. You can assist in your defense by:
- Gathering documentation of your good character (reference letters, employment history, community service, etc.)
- Exercising your right to remain silent
- Retaining qualified counsel as soon as possible
- Keeping a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)