I read somewhere that if someone committed what would be typically a felony and this was their first time being convicted of a crime, the felony will be automatically considered as a misdemeanor (this is without it being dropped into a misdemeanor by pleas, etc.). I was just wondering whether this is true.
2007-05-15 11:43:48 · 19 answers · asked by ...... 1 in Politics & Government ➔ Law & Ethics
In the case of a nonviolent (should have added that before)
2007-05-15 11:51:22 · update #1
No, that's not true. If you commit a felony, let's say you kill someone, that's not a misdemeanor just because you've never killed anyone before. It's still a felony.
However, if you commit grand theft auto and no one gets hurt and you have a good lawyer, then sure, it may be dropped down to misdemeanor level.
Word of advice, don't chance it and just don't commit felonies.
2007-05-15 11:47:18 · answer #1 · answered by Laurie F 5 · 0⤊ 0⤋
From what I've known and seen and experienced, that is FALSE. A felony is a felony. Some crimes can be either a misdemeanor or felony, depending on the specifics of the crime. But again, from what I've seen and experienced, a felony will never "automatically" be considered a misdemeanor unless the prosecutor offers a plea agreement which reduces it to a misdemeanor.
2007-05-15 11:48:45 · answer #2 · answered by C J 1 · 0⤊ 0⤋
In some cases a defendant is offered a plea bargain, but not always. If the DA has unimpeachable evidence against the defendant forget about it. Sometimes a judge will give a suspended sentence to a first time offender, depending on the crime.
2007-05-15 11:56:50 · answer #3 · answered by charliecizarny 5 · 0⤊ 0⤋
Your information is incorrect - a felony is a felony on both the state and federal levels; there is no special pass for being convicted of a crime for the first time.
2007-05-15 11:48:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Im not sure but I do beleive so because I got a situation like dat and da paper is checked misdemeanor but the charge is a felony. and it is still being tried as a felony but the paper is checked misdemeanor
2007-05-15 11:47:49 · answer #5 · answered by shabobla j 2 · 0⤊ 0⤋
They don't just turn any felony into a misdemeanor. They may go easier on you for first offense but you better agree to what ever there terms are.
2007-05-15 11:47:16 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Not true at all! While they could give the person a break, it is never automatically dropped. It depends on the crime and circumstances.
2007-05-15 11:47:40 · answer #7 · answered by naturalphase 3 · 0⤊ 0⤋
Only If Its A Non violent Crime, but If Its A Robbery, Drug Sales, Or Murder Forget It.
2007-05-15 11:49:03 · answer #8 · answered by derekh1963 1 · 0⤊ 0⤋
100% wrong..i am going through a court procedure felony case that is the ONLY time i have been in trouble and it is going to stay a felony... =(
2007-05-15 11:46:49 · answer #9 · answered by RJ9 2 · 0⤊ 0⤋
No
If you kill someone it's felony homicide. Can you see that automatically dropping down to a misdemeanour?
Not likely....even if it's the first time you killed someone.
2007-05-15 11:53:19 · answer #10 · answered by Jack 6 · 0⤊ 0⤋