What Is The Difference Between A Felony And A Misdemeanour?

Crimes are generally divided into three categories: felonies, misdemeanors, and infractions. However, felonies and misdemeanors are the two most common charges made against offenders. 

But what’s the difference? Generally, felonies are considered to be more complex, carrying heavier penalties, tedious court procedures, and serious crimes. On the other hand, misdemeanors are considered less serious than felonies, but offenders can still go to jail or pay fines.

This article will dive deeper into these legal terms, helping you understand the difference between a felony and a misdemeanor. Read on!

What’s a Misdemeanor?

In simple terms, Misdemeanors are crimes that are usually not violent and have less severe penalties than felonies. However, it’s important to mention that the exact meaning of a misdemeanor depends on the state since each location has its own criminal code and classification system. 

Nevertheless, misdemeanors are generally seen as crimes that rarely involve violence or grave harm to others. This contrasts significantly with felonies, which are more serious crimes with longer prison sentences, fines, and consequences.

Common Examples of Misdemeanors

Some common examples of misdemeanors include:

• Damaging property (Vandalism)
• Threatening someone (Assault)
• Disturbing the peace
• Possessing illegal drugs in small amounts
• Indecent exposure
• Trespassing 
• Resisting arrest
• Public intoxication
• DUI (Driving under the Influence)

Depending on the state and the severity of the offense, the misdemeanor can be punished by up to one year in jail, a fine, probation, community service, or a combination of these. For example, in California, there are two misdemeanors: standard and gross. 

Standard misdemeanors, like petty theft, drug possession, and public intoxication, are simpler crimes with up to 6 months in jail and a fine of up to $1,000. On the other hand, Gross misdemeanors, like domestic violence, DUI, and driving with a suspended license, are worse crimes, with penalties of up to 364 days in jail and a significantly bigger fine.

The Legal Process for a Misdemeanor

If you get arrested and charged with a misdemeanor, the legal process comes in four simple but essential stages. These include:

The Arraignment

The arraignment is the initial court appearance where you’ll be informed of the charges, their rights, and the possible consequences. As the defendant, you’ll be asked to either plead guilty, not guilty, or no contest. 

The plea determines whether the case will proceed to trial or be resolved by a plea bargain. Nevertheless, this first stage may also involve setting the bail amount, which will depend on the severity of the crime.

Pre-Trial

The pre-trial is the time between the arraignment and the trial, where the prosecution and the defense exchange information, evidence, and motions. The pre-trial may also involve negotiations for a plea bargain, an agreement between the parties to settle the case without a trial. 

A plea bargain may involve reducing the charges, lowering the penalties, or dismissing some counts. Despite all this, the defendant retains the right to accept or reject a plea bargain, and the judge can approve or reject it.

Trial

If the misdemeanor proceeds to trial, this will be the period where the prosecution and the defense present their arguments, witnesses, and evidence to the court. Depending on the severity, your trial may involve a group of citizens deciding the verdict or a bench trial with the judge.

Naturally, the trial ends with the verdict, where being found guilty could mean jail time, fines, probation, community service, or other conditions.

The Appeal

If your attorney is unsatisfied and decides to challenge the verdict, the case goes to a higher court, where the decision will be assessed for legal errors, insufficient evidence, etc.

Essentially, the appeal isn’t a new trial but a review of your case, which can result in the higher court affirming, reversing, or modifying the verdict or the sentence or ordering a new trial.

What’s a Felony?

Unlike misdemeanors that often include mild crimes, felonies are more serious, involving physical violence or psychological harm. Like misdemeanors, the exact definition depends on the state since each location operates on different laws.

Nevertheless, a general definition for a felony is a serious crime involving grave bodily or psychological injury to the victim. These charges usually end with large fines, longer prison sentences, or even the death penalty.

Common Examples of a Felony 

Some common examples of felony crimes include:

• Manslaughter
• Murder
• Aggravated assault
• Kidnapping
• Child pornography
• Arson
• Burglary 
• Mayhem 

It’s worth mentioning that not all felony crimes involve violence or harm but are still very serious. For example, you can attract felony charges by stealing large amounts (grand theft), cheating on taxes, lying under oath, or breaking copyright law.

The Legal Process for a Felony

Unlike misdemeanors, felony crimes come with harsher sentences, like over a year in prison and larger fines. However, this isn’t without the appropriate legal process, which can be summarized in six steps.

These include:

Investigation

Since felonies involve grave crimes like rape, murder, and kidnapping, law enforcement will gather sufficient evidence through investigation about the crime and suspect. This may also involve interviewing witnesses and collecting physical and biological evidence while detaining the suspect if there’s probable cause that they committed the crime.

Charging

At this point, the prosecutor representing the state decides if they want to charge the suspect with a crime after looking at the evidence, police reports, and victim statements. They can write a formal complaint detailing the charges and ask the grand jury to assess the suspect. 

However, on some occasions, the prosecutor can offer the suspect a plea bargain, where they agree to plead guilty and avoid a trial. This usually reduces the penalty for the sentence but can also land the individual in jail, even with insufficient evidence.

The Arraignment

The arraignment is the first court appearance where the defendant is informed of the charges, their rights, and the possible consequences. It’s also the time when you either plead guilty, not guilty, or no contest. 

The plea affects whether the case will go to trial or end with a plea bargain. The arraignment also involves setting the bail amount the defendant must pay to secure their release from custody.

Pre-trial

This period is between the arraignment and the trial, where the prosecution and the defense exchange information, evidence, and motions. The pre-trial may also involve negotiations for a plea bargain, and while the defendant has the right to accept or reject a plea bargain, the judge has the discretion to approve or reject it.

Trial + Sentencing

If the case ends up in court, the trial is where the prosecution and the defense present their arguments, witnesses, and evidence to a judge or a jury. The trial may be a jury trial, where a group of citizens decides the verdict, or a bench trial, where the judge decides the verdict. 

Nevertheless, the trial ends with the verdict, where a guilty verdict involves prison time, fines, probation, parole, or other conditions.

Appeal

You can challenge the court’s verdict in felony cases as well by taking the case to a higher court if your attorney is unsatisfied with the results. The higher court will assess the case for legal errors, procedural flaws, or insufficient evidence, and the result can either affirm l, reverse, or modify the sentence or verdict.

Whether Misdemeanor or Felony, You Need a Lawyer

Ultimately, a misdemeanor is classified as mild crimes like trespassing, vandalism, and indecent exposure, and it usually comes with light sentences and simple court procedures. On the other hand, felonies are more serious and involve crimes like murder, rape, and kidnapping.

Irrespective of the charges, attorney Ugo Lord always recommends having a lawyer to keep silent. These professionals understand the law and can explore ways to secure your freedom or end up with the best possible outcome.

Contact attorney Ugo Lord today for the best legal advice or representation for your case.