State and Federal Felonies

The Maguire Law Firm — Myrtle Beach, South Carolina

Crimes are categorized as either a felony or a misdemeanor. Felonies are the most serious types of crimes and include acts such as aggravated assault and battery, arson, burglary, grand theft and robbery. In the United States, felons often face negative consequences in addition to prison time such as the loss of voting rights, exclusion from certain lines of work, and inability to purchase and possess firearms, among other repercussions. While misdemeanors, including crimes such as petty theft, public intoxication, simple assault, vandalism, drug possession or DUI / DWI are not as serious as felonies, being charged with any of these crimes can impact your finances and your freedom -- and potentially your ability to live the quality of life to which you have been accustomed.

The Maguire Law Firm, serving residents of Horry, Georgetown, and Marion counties in South Carolina, handles criminal offenses, as well as state and federal felony charges. Criminal defense attorney Ian Maguire has nearly 15 years of experience covering all levels of the criminal justice system — from traffic court to handling post-conviction appeals for death row inmates on a pro bono basis. In the Myrtle Beach, South Carolina area call 843-361-7549 or use our toll free number (800) 525-9900. You can also contact us online. We offer free initial consultations and flexible appointment scheduling for your convenience.

State Versus Federal, and Felony Versus Misdemeanor Crimes

The U.S. Constitution gives all states the power to govern themselves, but when the nation’s safety and welfare is concerned, federal laws take precedence over any state laws. Federal laws cover crimes involving interstate travel, air travel, U.S. Postal crimes, and national security crimes such as terrorism. Areas of law not within the federal jurisdiction are reserved exclusively to the states.

There are many crimes that have mixed jurisdiction between the state and federal governments. In that case, the federal government laws will take precedence, states may also be granted the right to try the case. In addition, a state statute which contradicts a federal law can be ruled unconstitutional by a federal judge and nullified.

Felony Offenses are the most serious of criminal offenses and can be a crime ranging from aggravated assault to murder. A felony offense has the potential fine of one or more years of prison confinement, and is classified as 1st degree, or most severe crime of felony, to 5th degree felony, or the least severe. Punishment can vary from six months in prison and a $2,500 fine for a 5th degree offense to 10 years, or even life, in prison and a $20,000 fine for a 1st degree felony. Some examples of felonies include murder, rape, kidnapping, robbery, burglary, and various drug offenses.

Misdemeanor Offenses are lesser criminal offenses that are typically punished with monetary fines, or certain types of sanctions such as community service, house arrest or mandatory drug rehabilitation. Misdemeanors can potentially result in jail time, although the sentences are less than a year. The maximum sentence for the most serious of misdemeanors is most often only 6 months. Repeat misdemeanor offenders are most likely to be punished with actual jail time. Misdemeanor offenses include domestic violence, theft, assault and disorderly conduct.

Traffic Offenses include charges from a speeding ticket to running a stoplight or leaving the scene of an accident. The most serious traffic offenses include driving under the influence of drugs or alcohol. Many traffic offenses result in a fine that can be paid. It is possible that admitting guilt by paying the fine can impact your driving record and your insurance costs. Serious driving offenses can result in points being assessed against your license, fines, suspension of driving privileges, and even jail time. Some serious traffic offenses may be classified as felonies, such as aggravated vehicular homicide.

Where Your Best Interest is What Matters

If you have been arrested for any crime, or ticketed for a traffic offense, it is critical to contact an attorney before talking to the police or prosecutors. What you say without a lawyer present can negatively impact your case. The Maguire Law Firm will provide you with a free consultation to see how we can help you. We are dedicated to seeing that you get the justice you deserve.

Contact Us

To reach us in the Myrtle Beach, South Carolina, area call 843-361-7549 or use our toll free number at (800) 525-9900. You can also contact us online. We offer free initial consultations and flexible appointment scheduling for your convenience.