Under the state of Kansas criminal law, a person arrested for a criminal offense will have their charges categorized as either a felony or a misdemeanor. With each of those categories, there are sub-classifications under the misdemeanor category.
In the misdemeanor classification, the state of Kansas has them divided into the three subclassifications as follows:
- Class A Misdemeanor: Possible sentencing up to one year jail time. Crimes can range from a 2nd DUI, marijuana possession, shoplifting/theft.
- Class B Misdemeanor: Possible sentencing up to six months jail time. Crimes can range from DUI, criminal proper damage up to $1,000 value, driving on suspension.
- Class C Misdemeanor: Possible sentencing up to 30 days jail time. Crimes can range from hit and run with results of property damage.
The bail for misdemeanor charges stated will be determined by the judge at arraignment.
So, How Many Misdemeanors Make a Felony?
The simple answer is that there is no magic number. It’s not like collecting three misdemeanor tickets means the next one is automatically a felony. Instead, the law looks at what kind of crime you repeat. The shift from a misdemeanor to a felony happens because of specific state laws designed to punish people who repeatedly commit the same offense.
Rule 1: Repeating the Same Specific Crime
Kansas law says that if you keep committing the same minor crime over and over again, the next time you commit it, it can automatically be counted as a felony. This is called statutory enhancement.
The law only applies this rule to a few specific types of crimes that are considered dangerous if repeated, such as:
- Driving Under the Influence (DUI/DWI)
- Retail Theft (Shoplifting)
- Domestic Violence/Battery
In these situations, it’s the pattern of doing the same wrong thing repeatedly that makes the government decide to punish the person much more severely.
Rule 2: Your Whole History Makes the Punishment Worse
Other factors that may change a new charge into a felony could be based on your own identity within the community. The judge looks at the person’s entire criminal history, including every misdemeanor they have ever had. Some of those factors may include:
- The misdemeanor offense
- The defendant’s standing in their community
- The defendant’s age
- The defendant’s employment status
- The defendant’s criminal history
Rule 3: Seek Qualified Support
Anyone who has been arrested and charged should seek legal representation, even with a misdemeanor charge. A legal representative knowledgeable about your particular circumstance can help navigate the complex classifications. Should you be charged with a misdemeanor or federal crime, bail may be available to you. Learn your options and be prepared!
Need help with bail anywhere in Kansas? Call 866-830-2663 today.