Tampa, FL asked in Domestic Violence for Arizona

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?

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1 Lawyer Answer
Craig Orent
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  • Domestic Violence Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

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.

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