Can a misdeamor be changed to a felony?

Question

Brandon Moffitt · Answer

It depends on the alleged conduct. After a prosecutor reviews your case they can amend the charges to a felony even if the police initially identified the conduct as a misdemeanor.

Eric Sterkenburg · Answer

There are some crimes that can be charged as either a misdemeanor or felony.

Jonathan Willett · Answer

If the facts support a higher charge, the prosecutor is usually free to amend a misdemeanor charge to a felony.

Mary Ann F. Bird · Answer

Yes.

Stephen Pearcy · Answer

No.

Matthew Leyba · Answer

Yes a misdemeanor can be dismissed and refiled as a felony. However you have certain speedy trial rights when this happens.

Leonard Harden · Answer

Yes, the state can choose to bring a case before a grand jury and seek an indictment for a felony.

Jules N. Fiani · Answer

Yes.

Jared Altman · Answer

Yes. Charges can be upgraded or new charges filed.

Samuel H. Harrison · Answer

Yes, if the prosecutor finds that the facts support a felony charge.

William Guy Pontrello · Answer

Yes.

Michael J. Breczinski · Answer

After conviction the answer is no. before conviction if they find out the facts fit the higher charge is answer is yes.

Carl Spector · Answer

There are certain circumstances that a misdemeanor can be elevated to a felony.

Scott Tibbedeaux · Answer

Yes, if the District Attorney decides to take the facts and change the charge to a felony.  If the case is a wobler.

Michael Palumbo · Answer

Can a misdemeanor be changed to a felony? Yes.

Stephen Freeborn · Answer

Generally, this does not happen.  However, if through the course of representation certain new evidence comes to light that would cause a reclassification of the charge, it could happen.   The reverse is far more frequent, and is often seen as part of certain plea negotiations.

Thomas Tomko · Answer

Thank you for your inquiry.  Charges can be amened, so the answer is yes.  However, the procedures are different and must be adhered to.    You should consluld with your attorney to revies this and see whether there is some grounds to prevent the higher charges.  I hope that this was helpful.

Paul J. Wallin · Answer

If you are accused of a misdemeanor offense, and you have not yet been had your jury trial, then in the discretion of the District Attorney they may raise the offense to a felony. However, for the DA to be able to do this, the crime you are accused of must be considered a "wobbler" offense. This means the DA could have filed the case originally as a felony or misdemeanor. You should contact our law office immediately if in fact the prosecution has elevated your crime from a misdemeanor to a felony.

Terry Nelson · Answer

Yes.  You will learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing.  The prosecutor can amend at any time he feels he can prove additional or different charges.  The charges determine how much prison time would be imposed if convicted.  Plea bargaining is to reduce that.  When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do?  Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict.  He will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.

James Schoenberger · Answer

Yes, if the alleged facts support a felony charge, an amended information can be filed changing the initial misdemeanor charge to a felony.

Joseph Dane · Answer

Your question is too vague to answer accurately. There are some "wobblers" that can be felonies or misdemeanors. Can the prosecutor charge the felony, even if you were only arrested for a misdemeanor? Yes.  Can it change after you're charged? Yes, but your lawyer should be fighting against any upgrade.

Gregory Casale · Answer

Yes, a charge can be changed after it is brought if more information is gained by the District Attorney. Technically, you can oppose the change and the DA can dismiss the original charge and bring the new charge, but either way, in the end, they can properly charge a defendant with the appropriate charge. If this is your situation, you should contact and retain a lawyer as soon as possible. Even a misdemeanor can have a terrible impact on your future and should not be taken lightly. However, a felony requires a submission of DNA and will be on your CORI (Criminal Offender Record of Information) for life and effect you in all sorts of ways. If you do not have a lawyer already and would like to discuss this in more detail you can reach me at the telephone numbers listed below. There is no fee for the telephone consultation.

Gabriel Dorman · Answer

A crime that can be charged as either a misdemeanor or a felony is known as a "wobbler". To answer your question, yes, a misdemeanor can be charged as a felony if that crime for which you have been arrested is a wobbler. Whether or not a wobbler is charged as a misdemeanor or felony depends on a large number of factors including, but not limited to, the type of crime, the facts of the case, any injuries to other parties, prior convictions for the same offense, the amount of monetary loss (for theft and fraud crimes), etc., etc., etc. The ultimate decision on how to file a wobbler is up to the prosecuting attorney's office. I hope this answer was helpful. Good luck.

Jacob P. Sartz · Answer

I strongly advise to obtain a lawyer to assist you with this matter. If you need specific legal advice, you should consult privately with an attorney. This answer does not contain specific legal advice. Yes, depending on the factual circumstances, the prosecutor may amend the charge  by changing a misdemeanor charge into a felony. However, usually the prosecutor  will dismiss the misdemeanor first without prejudice first then re-file with the  new felony charge. In Michigan, you have a right a "preliminary examination," if you are charged  with a felony; hence, generally, the prosecutor will needs to start the process over if they wish to proceed in that manner.

Steven Decker · Answer

Yes, anytime before the start of trial.  The statute of limitations for most felonies is 3 years.  Often it is advisable to proceed to trial quickly on the misdemeanor if there is a real fear of the charges being increased.

Andrew Myers · Answer

There's no magic wand and the question can't be answered without knowing all of the facts in order that the allegations can be compared to the range of criminal laws that might apply.  At that point a "plea bargain" may or may not be possible.  But again, no attorney can answer this question in a vacuum until after talking to you and I highly recommend that you obtain a consultation with a criminal defense attorney.

Jared Austin · Answer

I'm not sure exactly what you mean by "changed" into a felony. The prosecutor can always increase the charges if they believe the facts in the report or testimony on the record indicates such.

Jacek Lentz · Answer

Once someone is accused of a misdemeanor, yes it is possible, although perhaps not very likely, that they prosecution could file felony charges based upon some new evidence or simple re-evaluation of the case. However, once a defendant pleads to a misdemeanor, the misdemeanor conviction cannot be magically upgraded to a felony. Felony charges can not be based on charges which have ended in the Defendant's pleading to a misdemeanor. Only evidence of new misconducted, which was not punished by the misdemeanor, can provide basis for new felony charges, A different situation exists with respect to reducing certain felony offenses to misdemeanors. There is a whole class of felonies, called wobblers, which can be reduced for all purposes to a misdemeanor following a successful completion of felony probation.

Michael D. Fluke · Answer

Certain misdemeanors can become felonies based on priors, such as battery, dui and suspended license charges. Others, are based on the age or status of the victim such as minors, elderly and law enforcement. The short answer is yes.

Jeff Yeh · Answer

Yes. Many offenses are "wobblers," or charges that can be filed as either a misdemeanor or a felony. It is the prosecutor's discretion whether to upgrade. Sometimes they do this as a tactic to make you plead to the misdemeanor. Contact an attorney.

Cynthia Henley · Answer

When a charge is filed, the prosecutor receiving the information from the officer makes a charging decision based on what that prosecutor knows with regard to the law and the facts. Prosecutors do not know everything and can make mistakes or miss information. Some times cases are overcharged (should be lesser offenses) but more often they are undercharged (could be higher level charges). So, if the charge was not correct or there is another charge that would fit the facts better, then when the case is being prosecuted the prosecutor can refile the charge (and often threatens to do so if the defendant is refusing to plea bargain with the prosecutor or rejects what the prosecutor believes is a fair offer.)

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