If you are charged with a crime, the legal terminology can be confusing and overwhelming. A federal criminal defence attorneya charge can help explain what the charge means, what penalties may apply and what options may be available. Each case is different, but criminal charges are often grouped by severity. Some are minor offences. Others are felonies or misdemeanours. In some cases, sentencing enhancements may also increase the possible penalty.

What is the difference between a felony and a misdemeanour?

A felony is the more serious type of criminal charge. In federal court, a felony is generally any offence punishable by more than one year in prison. Examples can include some drug crimes, fraud crimes, firearm crimes, and violent crimes.

A misdemeanour is less serious than a felony, but it can still have serious consequences. A misdemeanour can carry up to one year in jail and a fine, probation or other court-ordered conditions. Misdemeanours include some kinds of assault, simple possession of drugs, and certain kinds of theft.

The precise classification depends on the law at issue. A charge that would be considered a misdemeanour under state law may be treated differently under federal law. Also, the facts of the alleged crime may affect the degree of the charge.

Are all felonies treated the same way?

No. Felonies have different levels of severity. Federal law groups unclassified felonies into Classes A through E based on the maximum prison sentence allowed by the statute. A Class A felony is the most serious classification. A Class E felony is still serious, but it carries a lower possible maximum sentence than higher felony classes.

The charge itself is only one part of the picture. Courts may also consider the alleged conduct, the amount of money involved in a fraud case, the type and quantity of drugs involved or whether anyone was injured. A person’s criminal history can also affect sentencing.

Federal sentencing can involve statutes, sentencing guidelines and other rules. Some crimes carry mandatory minimum prison sentences. Others give the judge more discretion within the range allowed by law.

What are sentencing enhancements?

An enhancement is not always a separate criminal charge. It is a legal factor that can increase the possible sentence after a conviction or guilty plea. An enhancement may apply because of how an alleged crime happened or because of a person’s prior record.

For example, an alleged offence involving a firearm may expose someone to an additional penalty. A drug charge may carry a higher penalty based on the amount or type of substance involved. An accusation involving a vulnerable victim or a serious injury may also lead to increased punishment.

Prior convictions can sometimes increase the penalty as well. However, whether a prior conviction counts for enhancement purposes can depend on the statute and the facts of that earlier case. A federal criminal defence attorney can review the charging documents, prior record and evidence to identify whether an enhancement is legally supported.

Can one incident lead to several charges?

Yes. Prosecutors may bring more than one charge from the same alleged event. For example, an investigation involving alleged drug distribution could lead to a drug charge and a firearm charge. A fraud investigation could involve charges related to wire communications, mail or financial records.

Multiple charges can increase the pressure on a defendant, but every charge must still be supported by evidence. The government must prove each required element of each offence beyond a reasonable doubt at trial. A defence lawyer can examine the evidence, challenge improper searches or question whether prosecutors can prove the case they filed.

Why is it important to understand the charge early?

The charge can affect bail, plea negotiations, trial strategy and the possible sentence. It can also affect employment, housing, professional licenses and immigration status. Waiting to understand the accusation can make an already stressful situation harder to manage.

Ryan Willis Law, PLLC can help you understand the allegations and protect your rights from the beginning. If you are facing a federal investigation or criminal charge, contact a federal criminal defense attorney at Ryan Willis Law, PLLC online or at (919) 341-6294.