Any type of criminal charge can negatively affect your future, your career, and your standing in the community. However, there is a significant difference between misdemeanors and felonies. No matter what you have been arrested for, it’s crucial to understand the differences between misdemeanors and felonies, the potential outcomes you’re facing, and how you can protect yourself.
If you’ve been arrested and you’re committed to protecting your future, it’s time to talk to the team at Holcomb Johnson. Call us at 228-432-6652 to set up a consultation now.
An Overview of Misdemeanors
When you’re looking at the differences between misdemeanors and felonies, you’re largely looking at a difference in the nature of the crime committed. Misdemeanors are generally more minor than felonies, but it’s important not to underestimate their impact on your life. They will still show up on background checks and may affect your future opportunities.
In Mississippi, a misdemeanor is a crime that cannot result in imprisonment at the state level, heavy fines, or the death penalty. The maximum penalty for a misdemeanor is no more than one year in county jail and a fine no higher than $1,000. The actual penalties you may face depend on your criminal history, if this is your first offense of this nature and other factors. In some cases, crimes of the same nature start out as misdemeanors but eventually become felonies after repeated infractions.
Common misdemeanors in Mississippi include first- and second-time DUIs, public intoxication, underage drinking, resisting arrest, shoplifting goods worth less than $500, possession of less than 30 grams of marijuana, and disorderly conduct.
What Are Felonies?
In general, felonies are far more serious than misdemeanors. They are far more severely punished because they pose a threat to the individual targeted and the general public as a whole. Mississippi is known for having stiff punishments for those convicted on felony charges. Depending on which felony an individual is charged with, they could face the rest of their life in prison, the death penalty, or heavy financial penalties.
Each felony is handled differently in Mississippi. Each crime has its own range of potential punishments, and when someone is convicted, where they fall in that range depends on their criminal history, the severity of the crime, whether or not a firearm was used, where the crime occurred, and the victims involved.
Common felonies in Mississippi include murder, arson, aggravated assault, a third DUI in the time span of five years, rape, drug trafficking, and aggravated domestic violence.
Differences in Outcomes
If you are convicted of a misdemeanor, that doesn’t necessarily mean that it will be on your record forever. Mississippi does allow the expungement of misdemeanors, which essentially gives individuals a fresh start and a chance at a brighter future. This option is available for first-time offenders, but those with multiple offenses can also request expungement. The court’s decision depends on the individual’s conduct since their conviction if their request serves the best interests of society as a whole, and if the individual shows signs of rehabilitation. Expungement is not an option until five years have passed since the end of the person’s sentence.
What about felonies? As you may imagine, it is far more difficult to get a felony removed from a record than a misdemeanor. Remember, these are crimes that put individuals and society as a whole in serious danger. Many felonies never qualify for expungement, including murder, arson, rape, embezzlement, and refusal to register as a sex offender.
A small handful of felonies do qualify for expungement under very limited circumstances. They include felony shoplifting, sale of controlled substances, bad check offenses, and possession of marijuana with intent to distribute. An individual can only ever have one felony expunged from their record, so it is truly only an option for those who are fully rehabilitated.
Facing Criminal Charges? Call Holcomb Johnson Today
If you’ve been arrested in Gulfport, MS, you need a strong criminal defense attorney advocating for you. Find out how Holcomb Johnson can help protect your future, freedoms, and opportunities. Call us at 228-432-6652 or fill out our online contact form for a free case evaluation.
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