On what grounds can a misdemeanor be made into a felony?
2 Answers from Attorneys
Depends on the misdemeanor. Some become felonies based on priors (DUI, battery, theft, prostitution) and some can be based on something like damage caused (criminal mischief) or injury (dUI, battery). Would need more info to give you a more accurate answer.
Some misdemeanors may be enhanced and become felonies based on a past record of the same crime. For example, multiple prior DUIs, Driving Without a License, Batteries, Petit Thefts can become felonies, usually on the 3rd charge.
Also, prosecutors have the discretion to change and up-charge misdemeanors if the fact pattern warrants a higher charge than what the arresting officer had put in.
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