Exploring the Differences Between Misdemeanors and Felonies

Misdemeanors are less serious crimes than felonies. They usually involve violence or other actions that can cause extreme harm psychologically. Felonies include crimes like murder, rape, robbery, and kidnapping.

In contrast, misdemeanors are less severe and do not result in lengthy jail sentences. Crimes classified as misdemeanors include petty theft, driving under the influence, and public intoxication.

Misdemeanors

The punishment for misdemeanor crimes, which are less severe than felonies, depends on the crime and a judge’s discretion. While some states have set guidelines that a judge is legally bound to follow when sentencing a criminal defendant, most courts consider various factors that can influence the severity of the sentence, including a person’s prior record and the extent to which the crime affected the victim.

Depending on state law, misdemeanors are typically grouped into classes or levels: B, C, and unclassified. A class A misdemeanor typically results in up to a year of jail time.

Some common misdemeanors include domestic violence, shoplifting, and minor drug offenses. People with previous criminal records often have misdemeanor charges elevated to felony status, which can result in more severe jail or prison sentences, more extended probation periods, and more restrictions on the ability to get a job or a professional license. The prosecution can also rely on additional evidence to escalate charges that were initially misdemeanors into a felony, such as adding another victim or adding an element of intent or moral turpitude.

Infractions

Most states categorize crimes as either misdemeanors or felonies. Both types carry varying degrees of penalties, with felony convictions typically leading to prison sentences. Defendants facing misdemeanor cases Newport Beach CA have the right to an attorney and a jury trial (although state laws vary on details, such as whether unanimity is required for a guilty verdict).

In addition to being less severe than felonies, misdemeanor convictions tend to involve nonviolent offenses. Some common misdemeanors people are convicted of are drug offenses, DUI, vandalism, and disorderly conduct.

If you are in trouble with the law, hiring a criminal defense attorney is essential. They can work to get the charge reduced from a misdemeanor or felony to an infraction, which will save you jail time and other negative consequences. An experienced criminal defense lawyer can help you understand the differences between misdemeanors and felonies. 

Felonies

While state laws vary, felonies are generally more serious crimes. Felonies can involve any act considered highly damaging to the public, including violent crimes such as manslaughter or murder and white-collar crimes such as robbery or fraud.

Felonies can carry jail or prison sentences that last more than one year, fines, probation, and other penalties. People who commit felony crimes often have to pay restitution, as well.

Felonies are considered much more severe than misdemeanors, and there is a high risk that if you have prior criminal convictions on your record, they will turn into felonies, even if the current crime does not seem to meet the criteria for a felony. If you are charged with a felony, it can be severe for your future and employment opportunities, and you must consult an experienced criminal lawyer.

Collateral Consequences

Many criminal convictions carry collateral consequences or other non-judicial penalties mandated by state law that can be imposed in addition to the direct criminal sentence. Collateral consequences include loss of rights like the right to vote, the inability to serve on a jury or run for public office, and restrictions on child custody or visitation rights.

These limitations on civil rights can have profound impacts, especially for people who are socially or economically disadvantaged. 

Knowing collateral consequences among criminal justice practitioners is crucial because they often advise defendants about these limitations and barriers.