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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 41221
Experience:  I provide general practice and mediation & arbitration services to my clients.
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Is a misprision of a felony a misdemeanor or a felony or

Customer Question

Is a misprision of a felony a misdemeanor or a felony or does it depent on where they fall in the federal sentencing guidelines?
Thank you
Submitted: 7 years ago via Cornell Legal Info Institute.
Category: Criminal Law
Expert:  Dimitry Esquire replied 7 years ago.
Thank you for your question.

Typically misprision is deemed to be two grades below the felony concealed, or is deemed a misdemeanor. It is typically used for those who they cannot fully provide assisted in the criminal endeavor until after the fact. As such misprision is fully based on the actual felony that was concealed.

Hope that helps.
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Customer: replied 7 years ago.
Misprision actually lowers the base felony count by up to nine levels but not less than 4. I guess my question is with a misprision by definition you can receive up to 3 years imprisionment but in my case by the following the guidelines I can only receive up to 6 months imprisionment and in fact have told I would receive probation. If a felony is determined by imprisionment for a year and a day or more and in my case this is not even a possibility is this a misdemeanor or a felony?
Customer: replied 7 years ago.
Do you have an answer for this?
Expert:  Dimitry Esquire replied 7 years ago.
You were told correctly. Misprision almost never culminates in actual jail time, as it is really deemed the consolation charge that the authorities were actually able to get to stick.

I am not quite sure as to what you mean by how a felony is determined--a felony charge may still only receive probation upon conviction (depending on the felony, of course).

Hope that helps.

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