Facing a felony charge can upend your life. It can have serious consequences, such as fines, long-term imprisonment, and a negative impact on your personal and professional life. Whether you’re innocent or guilty, the gravity of the situation can be suffocating. But understanding the legal process and knowing how to defend yourself makes the situation more manageable.
Read on to learn about the process of a felony charge and the steps you can take to ensure the best possible outcome for your case.
What Is a Felony Charge?
A felony is a serious crime that’s punishable by more than one year in prison. It can either be a crime against people or property. When serving a sentence for a felony, you’re typically incarcerated in a state or federal prison, not in a local or county jail.
Crimes typically charged as felonies include the following:
- Violent crimes, such as robbery, burglary, and homicide offenses
- Serious sexual offenses, such as child molestation, child pornography, human trafficking, and rape
- White-collar crimes, such as embezzlement, extortion, fraud, and identity theft
- Property crimes, such as misappropriation of property, destruction of property, and grand theft
- Drug crimes, such as the manufacture, cultivation, distribution, and sale of controlled substances
How Does a Felony Differ From Other Types of Crime?
The main difference between felonies and misdemeanors is the seriousness and potential penalties:
- You can be arrested and detained immediately after committing a felony. You must also post bail in order to be released. For misdemeanor cases, you might be prosecuted without an arrest.
- If you live in states where it’s allowed, you may face the death penalty if you’re convicted of a felony. Misdemeanor cases, on the other hand, don’t usually get capital punishment.
- If you’re charged with a felony and can’t afford an attorney, the court can appoint one to represent you at no cost. But if you’re charged with a misdemeanor, you’re not entitled to court-appointed legal representation.
- Being convicted of a felony typically means that you’ll pay substantially higher fines than being convicted for a misdemeanor.
- Felony convictions are more difficult and might be impossible to expunge.
What Should You Do If You’re Charged With a Felony?
Here are the steps you should take immediately after you’re charged with a felony:
Stay Silent
It’s important to get legal representation immediately after being arrested. Before then, you should avoid speaking about the incident or discussing the specifics with anyone. Remember, anything you say can be used against you. Some law enforcement officers might take advantage of this fact and try to pressure/manipulate you into confessing. Besides staying silent, you should also:
- Remain cooperative.
- Remain calm as possible.
- Make sure not to resist arrest.
Seek Legal Representation
The most important step to take when faced with a felony charge is to hire an experienced attorney. A skilled lawyer will help you:
- Understand the charges brought against you.
- Understand your rights.
- Come up with a strong defense strategy for your case.
- Explore other legal options available for you.
Write Down Your Story
While it’s advisable to avoid sharing information about the incident before you’ve spoken to your lawyer, it’s a great idea to start documenting your story while the details are still fresh. If the prosecutor later introduces a timeline or a story that’s inaccurate, you’ll have your own story that contradicts theirs. You should also share these details with your attorney since it might help them build a strong defense.
Gather Evidence
Collecting enough relevant evidence is crucial for building a strong case. You should, therefore, work closely with your attorney to gather evidence that proves your innocence or weakens the prosecution’s case. This may include surveillance footage, expert opinions, and witness statements. The more evidence you gather, the better your chances of obtaining a favorable outcome.
Prepare for Any Outcome
You shouldn’t always assume that the case will work in your favor, even if you were falsely accused of the crime. Your innocence isn’t always evident, and your case won’t work itself out. You should also bear in mind that law enforcement will typically not make an arrest unless they believe that you were involved in the crime. Though the legal system should always ensure justice is served, this doesn’t always happen.
Hire An Experienced Attorney to Increase Your Chances of Winning a Felony Case
A felony charge can have a severe impact on your life. Besides the risk of going to jail, it also affects your personal and professional life. By hiring an experienced attorney, gathering enough evidence, and understanding your rights, you can keep your feet on the ground and increase your chances of winning the case.
