Criminal Defense

For each crime committed there are a variety of defenses a defendant may use to prove his innocence, argue for the case to be dismissed or have his sentence reduced...

October 29, 2011

What is the difference between a felony and a misdemeanor? What is the punishment for each?

Within the United States, all crimes fall within two broad categories: felonies and misdemeanors.  So what is the difference between a felony and a misdemeanor?  The main difference between a felony and a misdemeanor that the average person cares about relates to the severity of the penalty that may be imposed for the crime and the amount of jail time that may result.

Misdemeanor. A misdemeanor is the lesser of the two categories of crimes.  A misdemeanor is defined in general as a crime that may be punishable by one year in jail or less.  These crimes are considered to be relatively minor in nature (at least when compared to felonies), such as petty theft, trespassing, public intoxication, disorderly conduct, and vandalism.  These crimes are generally considered minor in nature because they do not result in significant damage to property or in a serious or permanent injury to another person.

Within the category of misdemeanors, there is a sub-category known as petty offenses, which are the most minor of the minor.  Examples of petty offenses include most traffic and parking violations, as well as violations of local ordinances.  Petty offenses are generally punishable by small fines.

Other misdemeanors are punishable by larger fines, community service, probation, or up to one year in jail.  Aside from the formal sentence that may be delivered for a misdemeanor, someone found guilty of a misdemeanor may also lose professional licenses where the misdemeanor is deemed to violate the code of ethics related to that professional organization.

Felony. A felony is the more severe of the two categories of crimes and in fact includes the most severe crimes.  A felony is defined as a crime that may be punishable by more than one year in jail.  These crimes are considered to be serious in nature because off the extensive damage they cause to property, people, or society as a whole.

Examples of common felonies include robbery, burglary, arson, and murder.  Felonies are punishable by significant fines, long-term prison sentences including life in prison, and possibly even death.  In addition to the formal sentence associated with a felony, a person found guilty of a felony will lose various civil rights such as the right to vote, serve on a jury, or own a firearm,

Keep in mind that the above information is general in nature.  Depending on your specific circumstances and if you have previous criminal convictions, a crime that might generally be deemed a misdemeanor may in fact be a felony, and the general punishment guidelines noted above may in fact be lower than the actual sentence your crime may impose.  Therefore, if you are being investigated for or have been charged with a crime, you should speak with a criminal defense attorney about your specific situation.

How can I contact a criminal defense attorney?

If you would like to speak with a criminal defense attorney, complete the short form at http://www.criminaldefensehome.com/eval_bar.php.  A criminal defense lawyer will review your case free of charge and with no further obligation to you.  So please take this opportunity to have a confidential review and get answers to your questions about criminal defense.