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Home > Criminal Records > About Criminal Records > U.S. Criminal Law > Criminal Felony v. Misdemeanor Charges

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Criminal Felony v. Misdemeanor Charges

Criminal offenses are broadly divided into two categories- misdemeanors and felonies. The laws regarding felonies and misdemeanors and the crimes that fall under each of these categories are similar in general throughout the country. But they vary from one state to another. Moreover, a distinction between felony and misdemeanor is widely prevalent in the U.S.A. The penalties for these types of criminal offenses are different in different states. When you read the specific laws of each state, knowledge of criminal felonies vs. misdemeanor charges will help you understand the intricacies of the laws.

Felonies

A felony is a more serious crime than a misdemeanor. Under the United States federal laws, a felony is defined as a crime that involves a penalty of imprisonment for one year or longer. The crimes that fall under the category of felony may either be violent crimes or non-violent crimes. The crimes that are regarded as felonies are aggravated battery, assault, burglary, child abuse and neglect, kidnapping, false imprisonment, forgery, rape, sexual assault, murder, lewd acts, possession of a drug more than a certain amount as specified by the law, etc. Felonies are often classified into classes A, B, C, D, E, A-I, A-II etc. depending on their gravity and punishments.

Misdemeanors

A misdemeanor on the other hand, is a less severe act of crime than felonies. Offenses such as petty theft, simple assault, drug possession in small amounts, vandalism, prostitution, public intoxication, disorderly conduct are regarded as misdemeanors. A first or second offense of drunken driving without any prior records of the same are also considered as misdemeanors under the laws of many states. While felons are sent to prisons to serve their sentence, offenders are sent to local jails. Besides, usually a first time misdemeanor convict is not sent to jail. Misdemeanor punishments involve an incarceration of not more than 12 months. The punishments also include taking part in community services, part time imprisonment or a probation period and fines in certain cases. 

 

However, as stated earlier, the form of penalty may vary from one state to another. For example, in the state of Virginia, misdemeanors are classified into four classes (class1, class2, class3, and class4) among which, class 1 and class 2 misdemeanors are punishable by jail sentences of six months to one year. Class 3 and class 4 misdemeanors are non-jail crimes and the offender has to pay fines.

Conviction of both felonies and misdemeanor may potentially harm an individual’s professional and personal life. The criminal records maintained by all the states are more  often than not, accessible by general public and employees. These may harm a person’s employment opportunities. A misdemeanor usually does not lead to loss of the offender’s civil rights. It although may lead to loss of certain privileges, like suspension of the driver’s license, loss of public employment, inability to get an education loan and so on.

Felonies and misdemeanors, although in different degrees, are both crimes and the consequences of both of these can be of greater magnitude than one can comprehend.


 

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