Mississippi Criminal and Family Law BlogThere is a clear incentive to reduce felony DUIs to misdemeanors in Mississippi. Not only does a felony lead to more serious criminal consequences, but it also affects your rights in many ways. A felony represents an obvious blemish on your record, while a misdemeanor may affect your future in much less drastic ways. The real question is whether this is even possible. How do you reduce your felony to a misdemeanor in Mississippi? What is the legal process behind this, and how can a criminal defense lawyer in Mississippi help you achieve this goal?
Accepting a Plea Deal
Perhaps the most obvious way to reduce a felony DUI to a misdemeanor is by accepting a plea deal. For those who do not know, a plea deal requires you to plead guilty. In exchange, the prosecution may promise some degree of leniency – and this may include misdemeanor charges instead of felony charges. But a plea deal may not always lead to a misdemeanor instead of a felony. If you are facing serious felony charges, a plea deal could simply reduce the number of years you spend in prison – and you might still be convicted of a felony. Defendants must carefully consider the pros and cons of plea deals based on their unique situations. In some cases, it makes more sense to fight the charges in court. That being said, a plea deal can provide optimal results in other situations.
Fighting Your Charges
Various aggravating factors can increase misdemeanors to felonies in Mississippi. In the context of DUIs, these factors can vary greatly. Some aspects of your charges could be challenged in court, giving prosecutors no choice but to push for misdemeanor charges instead.
For example, you might face felony charges because you allegedly caused a serious injury while driving. However, your criminal defense attorney may examine this situation more closely and call these allegations into question. Perhaps another driver caused the victim to suffer injuries. Perhaps these injuries have been grossly overstated, and the victim suffered minor bruising despite claiming life-altering disabilities.
Your DUI might also become a felony if you had a child in your vehicle at the time of the alleged offense. However, your lawyer may also challenge this allegation. Perhaps the “child” in your vehicle was actually 18, and they simply look young for their age. This might have caused police to assume their minor status without actually checking identification.
The most obvious way to challenge a felony DUI is to call into question the Breathalyzer results. If these results prove unreliable, you cannot be charged with any DUI-related offense. As a result, any injuries you have caused may lead instead to minor traffic infractions or misdemeanors rather than felonies. Driving with a minor in your vehicle could suddenly become a very minor issue. In some cases, unreliable test results can free you from all criminal consequences.
That being said, some felony DUIs are virtually uncontestable. If you have been convicted of numerous DUIs in the past, a new conviction can lead to automatic felony charges. If the new test result seems impossible to challenge, the prior convictions may make it very difficult to avoid a felony conviction. In this case, it may make more sense to simply pursue a plea deal instead.
The Importance of Reducing Felonies to Misdemeanors
Reducing a felony to a misdemeanor is important for many reasons. First of all, a misdemeanor usually leads to lower fines and incarceration periods. Often, defendants can escape time behind bars altogether, instead receiving probation, community service, and similar alternatives for misdemeanors.
A misdemeanor may also be expunged from your record, while a felony generally causes lasting effects for the rest of your life. An expungement gives you a second chance, allowing you to pursue more employment and housing opportunities in the future. In addition, a felony can affect your rights in a number of ways. This might include your right to bear arms, your right to hold public office, and your right to vote in certain elections.
Find an Experienced DUI Defense Attorney in Mississippi
Reducing a felony DUI to a misdemeanor may be possible in some situations. The only way to find out is to consult with an experienced DUI defense lawyer in Mississippi. Each situation is slightly different, and you need to consider your specific circumstances to determine the most optimal strategy. While an online article provides basic information, it cannot provide legal assistance in the same way as a defense attorney. Reach out to Vic Carmody Jr., P.A., to learn more about your legal options when facing felony DUI charges in Mississippi.