First, the basic facts of the crime exist, and the defendant has no objection. If the basic facts don't exist, then we should plead not guilty. If the party's understanding of the facts is inconsistent with that of the public prosecution organ, he shall also plead not guilty. If the prosecution accuses the defendant of fraud, and the defendant thinks that the two parties are only private lending relationships, and subjectively there is no intentional illegal possession of other people's property, then they should plead not guilty, but they should not be smart enough to plead a misdemeanor.
Second, the contents of felony and misdemeanor are inclusive, overlapping and even completely consistent. For example, the crime of intentional homicide and the crime of intentional injury have an inclusive relationship in terms of the victim's physical health damage, but their subjective intentions are different; The crime of robbery and the crime of grabbing have a cross-relationship in the content of illegal possession of other people's property, but the degree of violence is different and the objects of infringement are different; The crime of duty embezzlement and the crime of corruption are completely consistent in the content of illegal possession of unit property, but the subject is different; The crime of misappropriating funds and the crime of occupational embezzlement are the same in the content of unit property, but their subjective purposes are different. If the defendant's behavior has room for a misdemeanor defense, then a misdemeanor defense should be conducted.
Third, after the legal interpretation, the parties agree that the defender will defend the misdemeanor. After all, the lawyer's defense is based on accepting the entrustment of the client, and the defense lawyer should be loyal to the client in the choice of defense strategy.