In some cases, a defendant can face felony penalties, even if their offense is normally a misdemeanor, based on previous convictions, protected victim status, increased harm, or a combination of these. A good example of a misdemeanor crime that can turn into a felony crime is assault. Assault that involves injury is usually a misdemeanor. However, if the defendant assaults the following protected victim classes, the offense is raised to a third-degree felony:
A pregnant woman
A first responder, public servant, judge, process server, or law enforcement officer while doing their job duties
A family member if the defendant has a previous family violence conviction.
If the assault resulted in severe bodily injuries, it would be considered a second-degree felony. The same enhancement will apply if the defendant assaults another person by suffocation or strangulation. Other crimes that carry similar felony penalties include burglary, theft, and elder abuse.