Felonies vs Misdemeanors

When it comes to comparing felonies and misdemeanors, there are a countless number of differences including the effect a conviction could have on job opportunities and an individual’s criminal record. At our firm we get asked most about the difference between felonies and misdemeanors as it pertains sentencing. It is best to consult with competent and capable counsel to ensure that a defendant’s rights are protected. At Giordano, DelCollo, Werb & Gagne, LLC, our criminal defense team has invaluable experience gained through more than two decades fighting for defendants’ interests.

Misdemeanors, while considered less severe than felonies, can still become part of an individual’s criminal record and for repeat offenders sentencing can become extremely high. For sentencing purposes there are 2 classifications of misdemeanors: Class A misdemeanors and Class B misdemeanors. According to the Delaware Code on sentencing for misdemeanors,

(a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate.

(b) The sentence for a class B misdemeanor may include up to 6 months incarceration at Level V and such fine up to $1,150, restitution or other conditions as the court deems appropriate.

If the accused pleads guilty, it is their lawyer’s responsibility to make sure all circumstances are considered and to advocate for a fair sentence. Presenting evidence to support a more lenient sentence or identifying a weakness in the prosecution’s case to negotiate a plea deal to a lesser offense, requires legal expertise. Our criminal defense team has over 20 years of experience as public defenders and will always look after our clients’ interests.

Felony offenses have been deemed by society as the most severe and most threatening to its citizens. In felony prosecutions the stakes are much higher than in misdemeanor cases. Felonies are classified into 7 different categories for the purpose of sentencing: Class A, Class B, Class C, Class D, Class E, Class F, and Class G. According to the Delaware Code on sentencing for felonies,

                (b) The term of incarceration which the court may impose for a felony is fixed as follows:

(1) For a class A felony not less than 15 years up to life imprisonment to be served at Level V except for conviction of first degree murder in which event § 4209 of this title shall apply.

(2) For a class B felony not less than 2 years up to 25 years to be served at Level V.

(3) For a class C felony up to 15 years to be served at Level V.

(4) For a class D felony up to 8 years to be served at Level V.

(5) For a class E felony up to 5 years to be served at Level V.

(6) For a class F felony up to 3 years to be served at Level V.

(7) For a class G felony up to 2 years to be served at Level V.

It is important that an individuals’ rights are protected at every stage, which is why our team of criminal defense lawyers can get involved in a case as early as the investigative stage. It is crucial to have an experienced team to advise the defendant on how to proceed without compromising their legal interests. In a felony offense case, it is best to have experience, knowledge, and a good reputation in the legal system backing you up.

At Giordano, DelCollo, Werb & Gagne, LLC, our criminal defense team has spent more than two decades working with the Public Defender’s Office, giving our team in-depth experience working with the local judges and prosecuting attorneys. If you have been charged with a crime, call us today to get Dean DelCollo and Dade Werb in your corner!