Question

George Jones  is a 45 year-old who has two felony convictions, one for robbery and one for assault with a deadly weapon. In 2007, he stole some items worth about $100 from a Wall Mart. Jones has admitted stealing the merchandise. His conduct qualifies as petty theft under the state’s criminal code, which is a felony. There is, however, another provision in the code for misdemeanor theft.

If you were the prosecuting attorney in the case against Jones, would you file felony charges against him? Would your answer to the question change if you knew that charging a felony would result in a third strike under the criminal code, so that Jones would be subject to a sentence of 25-years-to-life?

If you were the judge in Jones’s case, would you grant the defendant’s motion to dismiss the felony charge and accept a proposed guilty plea for misdemeanor theft (which could result in a sentence of up to one year in the county jail)?

Answer 1

First point we should consider before answering the question is that clearing a difference between felony and misdemeanor.

The federal government considers a felony as a crime punishable by death with prison for more than one year.

If the punishment is equal to or less than exact 1 year than crime is considered misdemenaor.

If i wouod be the attorney against jones, i would have studies all his crimes and had investigated against him considering hi future possibilities of doing such crimes again. If after investigation if feels like he is the threat to society than pressing felony charges agaunst him will be a option.

Now part too as it may lead him 25 year in prison which i consider as a lot for 100$, though if i had investigated about his crimes i would be knowing the reason for his deeds. If his action were to harm others or to kill others then i would not change my answer but if he just did theft due to scaracity of resources then my answer will change and i would not be pressing felony charges against him.

If i was the judge then i first would have heard both defendant and attorney as i as a judge can't do investigation as per the reason they present me , i will give the decision as i consider judge can not be bais. Though general perception of mine is 25 year of prison for a petty theft is very much of a punishment hence i would have granted the defendant plea to convert it to misdemeanor.