Q: difference between class 4 felony and Class one misdemeanor for domestic assault
the Maricopa County Attorney already sent me a letter stating there wasn't enough evidence to charge him for a felony so it got kicked back to the city prosecutor. And now they are trying to charge him with a class 1 misdemeanor can you explain the differences between a class 4 felony in this department and a class 1 misdemeanor in the different jurisdictions?
A: The difference between a felony and misdemeanor is a felony as opposed to a misdemeanor conviction and prison vs jail (if any). But if you are asking why the charge is a misdemeanor rather than a felony, that question cannot be answered absent knowing much more about the underlying circumstances. If on the other hand you are asking why the prosecutor rejected prosecution for a felony but is prosecuting for a misdemeanor, again more information is needed to answer. However, the prosecutor either determined the underlying "alleged" facts do not warrant a felony charge, meaning not serious enough and/or that at most the underlying alleged actions even if true only would or do prove misdemeanor assault (simple assault). Felony assault typically involves use of a weapon, serious injury, cutting off one's oxygen, or assault on certain classes of people (police, etc.). Presumably you have an attorney. You should talk to him/her. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
