What Is the Difference Between a Felony and a Misdemeanor?

Most crimes fall into two categories: felony crimes and misdemeanor offenses. Knowing the fundamental differences between the two is essential if you are ever facing criminal charges. Felonies and misdemeanors each carry their own set of consequences.

This underscores the importance of having an experienced criminal defense attorney by your side throughout the criminal process if you are facing criminal charges, whether those charges are felony charges or misdemeanor charges. A criminal defense lawyer in your area will know how to advocate for you and know how to prepare the best defense for you.

Understanding the Basics

Generally, misdemeanors are less serious criminal offenses, ranging from vandalism to shoplifting to disorderly conduct to driving drunk, while felonies are more serious and range from burglary to assault to murder. Misdemeanor convictions typically have lighter penalties like fines, community service hours, and maybe a brief jail term. A conviction for a felony, on the other hand, will likely come with a longer prison sentence, hefty fines, and a long-lasting effect on your life.

Different jurisdictions classify crimes differently. For example, it is possible that the amount of theft required to be classified as a felony in one state will be a misdemeanor in another. There are also different classes and degrees for types of misdemeanors and types of felonies:

• Simple assault, sexual assault, domestic violence, aggravated assault
• First-degree murder, second-degree murder, third-degree murder
• Class A misdemeanor, class A felony, class B misdemeanor, class C misdemeanor

There are certain factors that help categorize a criminal offense. Here are the major differences between felonies and misdemeanors:

• Size of the crime: The most significant difference between a felony and a misdemeanor is how serious the crime is or the amount or significance of the damage. For example, stealing a candy bar versus stealing a car; slapping someone versus stabbing someone with a deadly weapon; and drug possession of a small amount of recreational drugs versus selling large amounts of more dangerous drugs.
• Punishment: Another significant difference is the severity of the punishment. While some misdemeanor convictions will result in jail time, most do not. Furthermore, jail time for a misdemeanor usually means time in the county jail and not state prison. Punishments are lighter for misdemeanors, such as less expensive fines and shorter jail sentences. Punishments are harsher for felonies: longer prison sentences and larger fines.
• Long-term effects: A felony conviction will create ripple effects in your life for a long time. It can disqualify you from many kinds of employment, make getting a loan challenging, and make renting an apartment or home more difficult. Some felonies are not eligible for expungement from your criminal record. Those that are expungable can only be expunged after you meet certain, often stringent, criteria.

What Happens if You Are Charged?

Some crimes, like traffic infractions, will just warrant a ticket and a summons to appear in court later. Some crimes will warrant an arrest.

When you are arrested, police may not know if what you have allegedly done is a felony or misdemeanor. They may identify aggravating factors that make a misdemeanor a felony, or the victim’s bodily injuries may get more serious.

You might have to go to court if charged with a misdemeanor. But misdemeanors can often be settled out of court by paying a fine. You will have to go to court if you are charged with a felony, and the process between arrest and trial will be much longer.

For both, you should hire an experienced criminal defense lawyer. Sometimes a misdemeanor can evolve into a felony if you have a prior criminal record of similar offenses. A misdemeanor can also become a felony if an investigation reveals that the crime was more serious than police or prosecutors initially thought.

Get an Attorney’s Help

While understanding the fundamental differences between a felony and a misdemeanor can help you make better choices and help you understand the law, nothing is as valuable for defending yourself as an experienced criminal attorney. This is especially true because local laws and local rules vary significantly from jurisdiction to jurisdiction. Additionally, an experienced criminal lawyer may be able to negotiate a plea bargain, which could mean reducing a felony charge to a misdemeanor.