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Criminal Law in Brevity

From Audio: January 1, 2018

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station description The Criminal Lawyer is hosted by criminal defense attorney and former law professor... read more
The Criminal Lawyer. In Episode 1, Carlo D’Angelo discusses Felonies & Misdemeanors
Duration: 04:39
This short clip provides a high-level understanding of the criminal justice system -- breaking down the difference between felonies versus misdemeanors.
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This short clip provides a high-level understanding of the criminal justice system -- breaking down the difference between felonies versus misdemeanors.
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Hey, what's up everyone? Happy New Year and welcome to episode one of the criminal lawyer. I'm Carlo D'Angelo. I'm a criminal defense lawyer based in Northeast texas, handle criminal cases all throughout the state of texas and florida. Also handle federal cases all over the country. Love to travel for interesting cases and in addition to being a criminal defense lawyer, I used to be a law professor, used to teach down at a law school in Miami and I still love to teach. So I wanted to come up with a different style format for a podcast that would bring some value to listeners, whether you be a law student who is in law school right now taking these courses and could benefit from a refresher or your seasoned practitioner and you haven't heard about these concepts in a long time and would like to maybe catch up on some things you haven't thought of or talked about for a while. I want to bring you that content or if you just happen to someone who's into criminal defense, I'm here for you. Check me out on D'Angelo Legal dot com. All Right, so, this is episode one. It is new year's day. I am chilling out, enjoying some florida, Connor rum that I picked up on a trip to Nicaragua recently and chewing on a nicaraguan cigar. Because why not? It is New Year's Day and I'm gonna chill out today. We're gonna start with a very rudimentary introduction into Criminal Law. I want to be able to bring you some very basic concepts in the beginning so we can build upon those in subsequent episodes. So, let's talk about the basics of criminal law. There are basically two types of crimes. When you are looking at criminal cases in criminal law cases are divided either into felonies or misdemeanours. A felony is the more serious of the two because it carries more serious time. A felony offense carries a range of punishment of one year and a day, anywhere up to life in prison, the next level of offense below the felony is a misdemeanor offense. Misdemeanor offense carries a range of punishment of up to one year incarceration. So if you are prepping for that exam, you need to remember what the difference is. Misdemeanor carries up to one year, felony carries a year or greater anywhere up to life. Also, another way to distinguish between those two levels of offenses is misdemeanors are typically low grade offenses. They can be punished by a fine, they can be punished by a short term of probation or they can be punished by a term of jail anywhere up from a day to a year in jail. They're usually low grade crimes like theft, simple assault, D. W. I. And then you graduate up into the more serious crimes like felonies, felonies carry a much more severe range of punishment because they're more serious crimes. So you're talking about like possession of serious drugs, aggravated assault, aggravated theft cases and such. Now based upon your criminal history based upon the severity of the fence, those felonies can be broken up into very serious offenses or lesser felony offenses. So you can have like grade C. Grade B. Grade A. You can have third degree, second degree, first degree felonies. All depends on the state that you live in. And you can google that information to find out the severity level of the felonies in the state where you come from. Now. In addition to bringing you those rudimentary basics, as far as criminal law also want to leave you with some practical advice. So for the practitioners out there, you get a criminal case that comes across your desk, you look at it, you evaluate the elements to make sure that the elements of the crime are actually there. If one of those elements is missing, well, you might be able to work the case down to a lesser included offense. So let's say it's a felony and I like to do this a lot in my practice. I like to try to look for a way to get a felony case and work it down to a misdemeanor. So if the felony case has some issue with one of the elements or there might be some problem with the facts or there might be some mitigating evidence there. I will try to use that to work the case down with the prosecutor down to a misdemeanor because let's face it, if you had to choose between getting charged with a felony or getting charged with a misdemeanor, obviously the first choice will be getting charged with nothing. But if you can't get that accomplished, then you at least want to try to work that felony case down. So I hope that this content was helpful for you. I hope you enjoy this and I hope you'll tune in. If you'd like more information on me, D'Angelo Legal, you can visit me on the internet at the annual Legal dot com. You can hit me up on facebook instagram or twitter, just punching D'Angelo Legal, D A N G E L O Legal and I look forward to bringing you some more great content. Thank you for tuning in and Happy New Year.
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