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Unlikely, but possible. The criteria for either offense classification is set by the wording of the statute you were charged with. The only way your charge could be 'upped' is, if during further investigation of your offense, it came to light that the facts of the crime supported an upgrade in the charge. The prosecutor could file to amend the original charge to the appropriate felony offense. Kind of unlikely, but where the law is concerned, anything is possible.

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13y ago

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