What is a Misdemeanor? Difference between Misdemeanor and Felonies?
What is a Misdemeanor? Difference between Misdemeanor and Felonies? In the United States of America, crimes are generally categorized into three categories viz. Misdemeanor, felony, and infractions. Topping the list of crimes’ seriousness, felonies are more serious than the other crimes. A felony carries a term in prison ranging from a year to 10 years and so on. Infractions are minor violations that do not invite any jail term and a fine is paid as a punishment. What is a misdemeanor, then? The level of crime in between a felony and infraction is a misdemeanor. A crime that is more serious than an infraction and less serious than a felony is a misdemeanor. It carries a maximum jail term of 1 year, with or without a fine (depends on the crime).
Misdemeanor: Penalties and Examples
A crime can be termed as a misdemeanor in some states whereas it could be a felony in others. If a convict conducts the same misdemeanor again in a brief period, despite some leniency from the authorities, it can be termed as a felony. Other than its general meaning, a misdemeanor can have different implications in different places. In a similar sense, the punishment for a misdemeanor can be serious in some states and not in others. A crime committed to a minor can have different implications depending on the degree of the crime. In Pennsylvania, a person committing a misdemeanor could be sent to prison. On the other side, misdemeanors performed in other states would invite a short jail term. The major difference between a jail and prison is that the former is made for temporary and short-term lockup crimes whereas the latter serves as a long-term punishment with rigorous implications.
Generally, a misdemeanor does not lose his or her basic civil rights but in some exceptional cases, one can lose privileges ranging from professional licenses, employment in the public sector, etc. Examples of a misdemeanor may vary on the level of its seriousness. The more heinous the crime, the more serious punishment it would invite and vice-versa. A wobbler is a form of crime that can either be a misdemeanor or a felony. Depending on the range of its punishment, the crime can be termed as either of the two. The prosecutor has a stronghold on the decision but the final call comes from the judge. Threatening a person through a physical assault Disrupting the peace Petty theft Trespassing Irresponsible driving Possession of drugs, etc.
Difference between a misdemeanor and a felony A misdemeanor is generally divided into different classes. Each class has its level of punishment. A misdemeanor of class A could invite - one year or less, but more than six months A misdemeanor of class B could invite - six months or less, but more than thirty days A misdemeanor of class C could invite - thirty days or less, but more than five days
In the case of a felony, different states have different definitions and punishments. For example, the state of Georgia states the punishment for committing a felony is punishable by death, imprisonment for life, or imprisonment for more than one year. On the other side, Idaho describes its punishment as a crime punishable by death or by imprisonment in the state prison. As a misdemeanor is divided into classes, felonies are also divided into five major classes. A felony of class A invites - life imprisonment or the death penalty A felony of class B invites - twenty-five or more years A felony of class C invites - less than twenty-five years, but more than ten years A felony of class D invites - less than ten years, but more than five years A felony of class E invites - less than five years, but more than one year
Conclusion Understanding the major difference between what is a misdemeanor and a felony is important. Similarly, having a piece of basic knowledge about the process and the execution of the crime can come in handy at any stage of life. In any case, if you have a misdemeanor or a felony, consulting a lawyer is advisable. An expert on the subject matter, a lawyer can help you identify the type of crime and minimize the punishment it invites. Click here for more information.
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