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Reducing a felony drug charge to a misdemeanor

On Behalf of | Apr 28, 2022 | Felony Offenses |

Convicted felon status can be very difficult when going through life for Florida residents. Those who have been convicted often must explain the incident multiple times until it has been removed from the record, and even that can be a difficult process in itself. Misdemeanor convictions do not carry the same stigma, and many times there can be a very slim difference between the activity generating charges for either of the two. It is also not possible to reduce upper-level felonies to a misdemeanor, so even the level of proper charge can be a legal issue in some cases. These cases commonly result in a plea bargain after further consideration by Florida prosecutors, and details of the case matter significantly.

Evidence evaluation

Prosecutors must have solid evidence when filing felony charges. They are the most serious level of criminal charge. Prosecutors must also have multiple articles of evidence in some situations that can support the level of charge they are applying. Each particular potential criminal act falls into a felony charges classification, which the evidence should indicate beyond a reasonable doubt.

Negotiating the charges

Broad misdemeanor charges such as criminal mischief or disorderly conduct can cover considerable territory when being used as a reduced charge in a plea bargain process. The details of what resulted in the criminal charge should be egregious for a felony assessment to be applied. A further discussion of the evidence between legal representatives can often result in a reduced charge to a Class A misdemeanor.

The real truth about criminal cases is that most of them are plea bargained to avoid a trial and keep the court docket relatively open. There is a wide variety of reasons why this happens, but the most important outcome is ensuring that prosecutors do not routinely charge misdemeanor actions as felonies.