Erin Fowler Law

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Criminal Defense

Criminal offenses are charged either as a felony or a misdemeanor. Primarily the difference between the two is based on the maximum sentence that the Court may impose. A misdemeanor is punishable by a maximum of $1,000 dollar fine and 1 year in custody. However, if the misdemeanor is high and aggravated you may be sentenced to pay a greater fine or serve more than a year in jail. Felonies are punishable by greater jail time, fines and sanctions. Both felonies and misdemeanors can involve probation, can affect your drivers license, right to possess weapons or ammunition ability to qualify for federal programs and loans.

Erin Fowler Law is experienced and skilled in all areas of criminal defense law. Contact us for a free consultation.

Penalties

The penalty for a drug crime varies greatly depending on the specifics of what drug crime you were charged with. Most drug crimes are felonies, with the exception of possession of marijuana under 1 (one) ounce. If you were charged with possession of a substance that you were not lawfully prescribed you could face substantial sanctions.

Types of charges could include possession, possession with intent to distribute, sale of a controlled substance, or trafficking of a controlled substance.

Often an individual will be charged with one of the above offenses if the drug in the general vicinity and not actually on there person. If this has occurred, the state must prove that you were in constructive possession of the substance.

It is important for you to seek legal advice if you are charged with a drug crime. Drug crimes almost always have substantial drivers license consequences if not handled appropriately.

Theft charges can either be charged as a misdemeanor or a felony. If the theft is over $500.00 (with the exception of shoplifting) the crime will be charged as a felony. If the theft is for shoplifting the threshold is $300.00.

The charge of theft may include, minor shoplifting charges to more serious felonies such as burglary, armed robbery or motor vehicle theft.

If you are charged with a crime involving the injury or threat to another person you could be charged with either a felony or a misdemeanor. Types of charges could include simple assault, simple battery, battery, aggravated assault, rape or murder.

If the charge is a felony or is a misdemeanor involving family violence you will loose your right to possess firearms, weapons or ammunitions. These rights will be compromised even if the charge you are convicted of does not include the specification of family violence.

Several person on person crimes are considered capitol offenses. Capitol offenses are offenses that are punishable by death or life imprisonment.

It is important that you seek skilled counsel if you are charged with a person on person crime, especially if it is a capital offense.

There are a multitude of ways a person might violate their probation, but regardless of how a person violates their probation the individual will face a revocation of there probation and could be sentenced to serve the remainder of there probated sentence in custody.

Probation violations are unique in that the burden of proof that the State must meet is preponderance of evidence. This is much lower than beyond a reasonable doubt, the standard that the State must meet for conviction of a new charge.

If you are charged with a probation violation you have a right to have a hearing and make the state prove that you did in fact violate your probation and you have the right to an attorney. You also have the ability to contest the disposition of your case. You should discuss these options with an attorney.

Capitol offenses are offenses that are punishable by death or life in prison. They can include rape, kidnapping, aggravated sexual offenses, and armed robbery.

A sex crime can include charges of sexual battery, public indecency, prostitution, rape, child molestation, enticing a child for indecent purposes. These charges care substantial consequences if convicted.

Many sex crimes are capitol offenses which are punishable by death or life in prison. Sex crimes that are not capitol offenses can include custodial sentences from 1 (one) year to 30 years.

You should contact an attorney as early as possible if you are charged with a sex crime.

For specific information about your case and your options, contact us and request free consultation.

Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of an attorney-client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case.