Can a misdeamor be changed to a felony? 40 Answers as of July 19, 2011

A criminal charge can be amended or changed at any time up to when a plea is entered or when a verdict is rendered. A prosecutor has the ability to dismiss a charge and refile another charge if the evidence supports it. Usually if a misdemeanor is charged, the prosecutor will not up the charge without first dismissing the first one. Many times a prosecutor will file a charge that may be less than the one which could have been charged, as a way to entice a plea. Many attorneys will recognize an under charged crime and counsel the client to plea before the prosecutor changes his mind. Once a plea has been entered, the prosecutor can no longer dismiss and up the charge.

There are circumstances where, new information is discovered as a result of further investigation, a charge is dismissed in district or municipal court and refiled as a felony in Superior Court. This can also simply be an idle threat to leverage a guilty plea.

Yes, depending on nature of the injury or the facts of the case.

7-11-11A misdemeanor can be upgraded to a felony. Normally the State will dismiss the misdemeanor charge and recharge as a felony.

Yes and No. A Misdemeanor charge cannnot become a felony charge all by itself but, if the facts support a felony cahrge, the prosecutor can upgrade the charge to a felony. Also, as in the case for a second DUI for example, a Misdemeanor charge can be upgraded to a Felony based on prior history.

The prosecutor has authority to amend charges prior to trial. A misdemeanor charge can be amended to a felony charge if there is probable cause for a felony charge. Sometimes, an offense is initially charged as a misdemeanor before all the evidence is known or properly evaluated. An example of this is when a bar fight occurs and someone appeared to have simply gotten a black eye, it may appear to be a misdemeanor assault; however, if it turns out that the person got an orbital fracture or other eye injury, the charge would be amended to felony-level assault based on the degree of harm. Similarly, a DWI could be charged as a misdemeanor before the individual's prior record is fully known; it could be amended to a felony if it was later discovered that the person had 3 prior DWI's within the past 10 years. There are also other types of cases where a misdemeanor charge can be enhanced to a felony offense due to prior convictions. It is in your best interests to consult with and hire an experienced criminal defense attorney on your case.

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.

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.

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.

Yes, if the prosecutor decides that there are facts sufficient to warrant recharging the offense as a felony.

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

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.

Absolutely! The charges can be "amended" by the prosecutor at any time up until the trial. In fact, with the court's permission, if the evidence comes out differently during the trial, the prosecutor can even amend the charges at the end of trial! The significant to you of course is that you are looking at a much larger range of punishment, and the case may have been moved from municipal court up to circuit court (i.e. "big boy court").

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.

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.

You can be arrested for a misdemeanor and then indicted on a felony. The DA can charge or amend to a felony if the facts make it out, and you can be charged with any crime that the DA feels can be proved as long as they have a supporting deposition that includes all the elements of the felony charged.

If there is proabable cause to support a felony charge, the charges may be amended right up to the pointof trial.

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.

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.

In some cases, yes, misdemeanors can be changed into felonies. Examples are Battery, theft, DUI and driving on revoked licenses. In fact, in traffic offenses, enhancements to felonies are quite common, if certain conditions apply, for example, DUI can be enhanced is the driver has no valid license or proof of insurance when stopped by the police.

Yes. Within the statute of limitations, a charge can be "enhanced" from a misdemeanor to a felony based on the elements of the offense or built in enhancing factors. For example, a misdemeanor retail theft can be enhanced to a felony if the accused has a conviction for a prior retail theft.

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.

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.

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.

The short answer to your question is yes, a misdemeanor may be amended to a felony if the charge is properly pled. No formal procedure is necessary if the amendment is made prior to the entry of a plea; however, once a plea is entered a formal motion is required (unless the parties stipulate otherwise).

The case law in Massachusetts says that a criminal complaint cannot be amended "up" (including from a misdemeanor to a felony) over the objection of the defendant. This means that if charged with a misdemeanor, if the defendant objects to any such amendment, the prosecutors would have to initiate the charging process all over again in order to increase the charges in this way. You should absolutely retain a qualified, experienced criminal defense attorney to protect your rights if you have not already done so.

I assume you're asking if a misdemeanor can be elevated to a felony during the course of the case. This would be unusual, but technically it's possible if the evidence revealed that a felony had actually been committed subsequent to the filing of the case as a misdemeanor.

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.

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.

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.)