{"id":5091,"date":"2025-05-21T20:57:23","date_gmt":"2025-05-21T20:57:23","guid":{"rendered":"https:\/\/aielloharris.com\/?p=5091"},"modified":"2025-06-11T15:57:12","modified_gmt":"2025-06-11T15:57:12","slug":"what-are-the-differences-between-a-misdemeanor-and-a-felony","status":"publish","type":"post","link":"https:\/\/aielloharris.com\/es\/what-are-the-differences-between-a-misdemeanor-and-a-felony\/","title":{"rendered":"\u00bfCu\u00e1les son las diferencias entre un delito menor y un delito grave?"},"content":{"rendered":"
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A delito menor<\/a> is usually punished by no more than 180 days in jail, while a delito grave<\/a> is punished by no less than a year. With misdemeanors, what\u2019s really at stake is that they want your money and you to have a criminal record. New Jersey calls them disorderly persons and indictable crimes, but everywhere else, they\u2019re misdemeanors and felonies. It\u2019s pretty unusual for people to actually go to jail for a misdemeanor, except for DWI cases<\/a>; the people jailed are usually felons who have had a string of chances and just haven\u2019t learned the lesson. With felonies, it\u2019s a different story; the cases are in degrees \u2013 first degree, second degree, third degree, and fourth degree, with fourth-degree felonies essentially being a misdemeanor with a lengthy criminal record.<\/p>\n\n\n\n

For a first offense, there is what\u2019s called a presumption for non-incarceration, so they start off with a feeling that, even if you did it, you shouldn\u2019t go to jail, and they should give you probation instead. Third-degree crimes are more serious than fourth-degree crimes, obviously, and there still can be a presumption of non-incarceration, but it\u2019s less of a presumption. It\u2019s like playing a game of blackjack if you have a prior; the last one was a fourth degree and now you have a third degree, and maybe that presumption doesn\u2019t play; maybe now it\u2019s time to put you in jail, but for a first offense, you may be able to avoid incarceration.<\/p>\n\n\n\n

Fourth-degree felonies are punishable by a year to a year and a half in jail, third-degree felonies can draw three to five years, second-degree felonies can lead to five to 10 years, and first-degree felonies can bring decades in prison. When a decision has been made to charge someone with a first-degree felony, the case will draw the most diligent and experienced prosecutors and the most effective investigators, and they will not spare resources or worry about the time or money spent; this is someone they want off the streets for a long time. Second-degree crimes are similar, but the magnitude of a first-degree felony makes a second-degree felony look like something less, although they\u2019re not much less; half a decade in jail is a long time.<\/p>\n\n\n\n

Third-degree felonies are those most people are charged and then there are fourth-degree felonies, which include a presumption for non-incarceration. In addition to significant jail time for most of these offenses, a fine for a first-degree felony can be up to $200,000, while a second-degree felony can cost up to $150,000 and a third-degree felony can cost up to $15,000 and a fourth-degree felony can cost $10,000. As you see, things are magnified by a factor of 10 as you step up to each level, so a defendant facing a second-degree felony who can have it reduced to a fourth-degree with probation, your attorney has done a great job for you.<\/p>\n\n\n\n

Why Should Someone Hire A Private Attorney Instead Of Retaining A Public Defender?<\/h2>\n\n\n\n

We have very strong connections with the prosecutors and the legal staff in all county and municipal courts. They know we have no problem taking cases to trial and that there are cases we will take to trial purely out of principle, and they know we have the resources to really cause problems for them at trial. As a result, they will give us the best opportunity to resolve the case, not just for those reasons, but also because most prosecutors respect and like us and that is an important thing.<\/p>\n\n\n\n

You can have a disagreement with someone but at the end of the day, if it\u2019s someone you still can go and have a drink with, that\u2019s important too. We\u2019re not the right attorney for everyone; some people need an attorney who can be overbearing and nasty and a know-it-all, and that\u2019s not me. I work hard for my clients, I behave in an ethical manner, and all you have to do is to take a look at the reviews on our website; that tells you everything you need to know about how we practice and how our clients feel at the end of the day.<\/p>\n\n\n\n

The one difference between a abogado penalista de Nueva Jersey<\/a> and the public defender\u2019s office is that I believe that what people want most of all when they hire an attorney is someone who will hear their side of the story and advocate for it. I don\u2019t know if the public defenders can do that because they have so many cases. That\u2019s all people want: someone to listen.<\/p>\n\n\n\n

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Recursos de Derecho Penal<\/h3>\n\n\n\n