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Kaufman, Nichols, & Kaufman, PLLC

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The Difference Between A Felony And A Misdemeanor

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Depending on the severity of a crime, a person can be charged with a felony or a misdemeanor. Sometimes the difference between a felony and a misdemeanor can be difficult to understand. However, there are distinct differences between felonies and misdemeanors. Felonies and misdemeanors are both offenses that are punishable under the law and fall under the broader category of criminal law. If you or someone you know has been accused of a felony or a misdemeanor, it is important to do your research to understand the difference. We at Kaufman, Nichols, & Kaufman are happy to help you learn the difference between a felony and a misdemeanor and offer you options for representation.

What Is A Felony?

A felony is a crime that is extremely serious. Felonies are often dealt with harshly, especially if in combination with other crimes or if the individual has a criminal history. Usually, if a person is charged with a felony, they will have a long prison or jail time sentence. If a term of imprisonment exceeds a year, the crime is likely a felony. There are different degrees of severity of felonies that have certain punishments attached to them. The word ‘felon’ is used to describe a person who has been charged with a felony at some point. Example of felonies include burglary, kidnapping, murder, arson, or rape. 

difference between a felony and a misdemeanor

What Is A Misdemeanor?

A misdemeanor is considered a lesser crime. If a person were charged with a misdemeanor, then they would likely have a jail time sentence of less than a year or would have some other form of lighter punishment such as a fine or community service. Similarly to felonies, misdemeanors have different degrees that are assigned to a person based on the severity of the crime that they committed. Examples of misdemeanors include shoplifting, simple assault, petty theft, disorderly conduct, trespassing, and certain cases of drug offenses and drunk driving.

The Difference Between A Felony And A Misdemeanor

The largest difference between a felony and a misdemeanor is the severity of the crime that was committed. Felonies are more serious than misdemeanors and typically carry longer and more severe penalties. Some crimes are purely felonies or misdemeanors while other crimes can be either, depending on certain situations. 

For example, murder and rape are always charged as felonies while trespassing and shoplifting are almost aways considered misdemeanors. However if you are charged with drunk driving, there could be a variety of outcomes. There are several things that could impact whether you would be charged with a felony or a misdemeanor. If you were driving slightly over the speed limit and got pulled over while driving under the influence, then you would most likely be charged with a misdemeanor. 

However, the sentence might change under different circumstances. For example, if the person who was driving under the influence already has multiple convictions or has had a few DUI charges before then the charge will likely be a felony conviction. Also, if there were children in the car or if the person driving under the influence injured or killed someone else, then they will likely face felony charges.

Have You Been Charged With A Felony Or Misdemeanor?

If you have been charged with a felony or misdemeanor and are in need of representation we at Kaufman, Nichols, and Kaufman are here to help. We employ several experienced and well-informed criminal defense attorneys who would be happy to take a look at your case. We understand that these types of situations can be stressful and difficult to process, and that is why we are here to help guide you. Feel free to reach out to us with any questions or to set up a consultation.

Filed Under: Family Law Attorney Tagged With: difference between a felony and a misdemeanor, felonies, misdemeanors, Utah attorneys

Divorce Attorney

Divorce is an incredibly difficult process that unfortunately happens all too often. There are many reasons why people divorce and those reasons are often hard to imagine or even think about when you are married or in a relationship. However, it is important to understand these different grounds for divorce in order to recognize them ahead of time in a relationship and to protect yourself in the event of a divorce. In cases where divorce cannot be avoided, it is important to choose a attorney that can ensure that your case is settled fairly. The five most common reasons for divorce follow in no particular order.

5 Reasons for Divorce

1) Infidelity

The first most common reason why people choose to get divorced is because one spouse was unfaithful to the other. Infidelity is defined as having a sexual or strong emotional relationship with a person outside of one’s own marriage. In sixteen states, infidelity is punishable by the law. The law considers both sexual and emotional affairs adultery. 

If you suspect your spouse of cheating on you, it is important to make certain considerations before pursuing a divorce. Firstly, you will want to carefully think about whether you think that your marriage could be reconciled and if you want that reconciliation. 

Second, if you have spoken with your spouse and do not think it would be possible to reconcile, you will need to speak to a lawyer. You will also need to decide whether you want to pursue an at fault or no-fault divorce. There would be a fault in this circumstance, but you would need to prove infidelity which could be difficult. It is also more expensive and takes time to pursue an at-fault divorce.

2) Irreconcilable Differences

Divorces often end due to the issue of irreconcilable differences. In legal jargon, when a couple cite irreconcilable differences as their grounds for divorce, it refers to the fact that the couple cannot get along with each other and no longer want to be married as a result. This is typically a no-fault form of divorce meaning that neither side is accusing the other of misconduct within the marriage.

3) Financial Issues

Another common reason why people get divorced is due to financial reasons. Some examples of financial problems that can and often do arise in marriage include:

  • Different views on money
  • Different spending habits
  • Major expenses causing stress
  • Hidden debt or gambling addictions
  • Stress from combining resources

Ways to decrease these issues include having very frank conversations about money before and after getting married, going to financial counseling and looking out for patterns in your spouse’s and your own money habits that may need to be changed.

4) Lack of Communication

Another large reason why couples get divorced is due to lack of communication. According to Huffpost, about 65% of divorces are due to miscommunication and inability to resolve conflict. Lack of communication includes couples being unable or unwilling to talk about hard things going on in their marriage, not validating or hearing the feelings of their spouse, never being on the same page, and arguing all the time without coming to an understanding.

5) Lack of Commitment

Being committed in a marriage means thinking about not only your own needs but also your spouse’s needs and taking care of them. In large decision making, spouses consult each other and try to turn to each other for support. Oftentimes, when lack of commitment happens in marriage, it is due to one or both spouses taking the other person for granted and/or growing apart instead of together. Lack of commitment can also lead to other marital issues including infidelity.

Have More Questions About Reasons for Divorce?

There may be times when divorce is simply unavoidable. When you realize this, it can be extremely difficult to know what to do next. In those times, we want to be a resource for you to find out what your legal rights are. Here at Kaufman, Nichols & Kaufman Attorneys At Law, we are ready to advise you on what to do as well as answer all the questions you have regarding your divorce. Contact us today. 

Filed Under: Family Law Attorney Tagged With: divorce, divorce attorney, divorce lawyer, reasons for divorce, Utah attorneys, Utah divorce attorneys

Kaufman, Nichols, & Kaufman, PLLC

205 26th St #34
Ogden, UT 84401
801-752-0499
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