What distinguishes a misdemeanor from a felony?
If you have been charged with a crime, the charge against you will be classified as either a misdemeanor or a felony. What exactly does this mean?
The classification of a crime as a misdemeanor usually means that it was a minor infraction, or petty crime. The felony classification generally applies to offenses that are more serious.
Each state has its own body of criminal law that categorizes offenses. These offenses generally appear in the state’s “penal code,” the vehicle code, or the health and safety code (for drug offenses).
Some states draw the line on theft cases at a certain dollar amount, below it the case is a misdemeanor, above it the offender will face a felony charge. In some cases, the number of previous convictions can raise a misdemeanor charge to the felony level. For example, in Texas, drunk driving is a misdemeanor charge until a person has been convicted of the charge twice. After that, any charge of drunk driving filed against that person will be a felony.
Felonies are generally crimes that carry a maximum sentence of more than one year. Misdemeanors are offenses punishable by a sentence of one year or less. Some states, however, draw the line based on the place of possible confinement. If incarceration is in the state prison, the offense is a felony. If the offense is punishable by a term in county or city jail, it is a misdemeanor.
