You are watching the news. Somebody is arrested. The journalist states that the charges are either felony or misdemeanor offenses. You ask yourself, ‘What is the ultimate difference?’
The truth is more than you imagine. These legal terms affect lives, careers, and futures in ways most people can’t even imagine.
The Basic Split
Consider crimes as some sort of ladder. On lower rungs are misdemeanors. Felonies go far higher.
Misdemeanors are less serious crimes. They bear less severe penalties. You may have a maximum of one year in jail; you can also have fines or community service.
Felony is a grievous offense. They have severe implications. Sentences usually last longer than one year in prison. Certain felonies attract a life sentence or even a death sentence.
And this is where the problem lies. That same act may be a misdemeanor in one state and a felony in another. Location matters.
Common Misdemeanors You Should Know
Most misdemeanors are familiar. These are crimes that people do without thinking and seeing the consequences:
- Stealing less than $500 worth of product
- Assault without weapons
- Public intoxication
- Light drug possession
- Offenses such as traffic violations, DUI (in some states, the first offense)
- Disorderly conduct
- Trespassing
These crimes halt life, but they don’t usually end it. Lots of people can recover from misdemeanor convictions.
Felonies That Change Everything
Felonies transgress various boundaries. They are violent, involve great theft, or serious harm:
- Manslaughter and murder
- Rape and sexual assault
- Armed robbery
- Burglary
- Drug trafficking
- Grand theft (greater than 500-1000$)
- Aggressive attack with weapons
- Identity theft of huge sums
A single felony conviction can close doors in decades to come.
The Hidden Consequences
This is what defense attorneys lie awake at night about. When you get out of jail, the punishment does not stop.
Misdemeanor aftermath:
- The conviction might be revealed in background checks
- Certain occupations are more difficult to obtain
- Professional licenses may be reviewed
- Housing applications may be denied
Felony aftermath:
- They lose their voting rights (by state)
- Possession of guns is prohibited
- Most occupations are excluded permanently
- Colleges reduce financial aid
- Housing selection becomes minuscule
- Licenses are usually taken away
The Gray Areas That Confuse Everyone
There are wobbler crimes. Prosecutors have options. They are allowed to charge the same act either as a misdemeanor or felony, depending on:
- Dollar amounts involved
- Criminal history
- Weapons use
- Severity of injury to victim
- Willingness to harm someone
The flexibility is uncertainty. You do something that’s an apparent misdemeanor, then find yourself facing a felony.
What This Means For You
The vast majority, indeed almost all, of people never intend to commit crimes. But life causes you to evolve. We are all human. We make mistakes. Bad choices start to add up.
By being aware of these differences, you will know how to identify serious situations. Everything takes a different turn when police refer to felony charges. You need an attorney at once.
Do not presume that small errors remain small. Bar fights, even those without grave consequences, may result in aggravated assault in case a person is seriously injured. The moment you are caught, shoplifting may escalate to the felony stage in case you had been caught earlier.
The Bottom Line
The difference between misdemeanors and felonies is not always easy to determine. Context matters. Location matters. What you did in the past is important.
Misdemeanors haunt for months or years. Felonies can remain a part of you to your dying breath.
Regardless of which type of charge you are facing, do not take it lightly. There are not a lot of second chances, particularly in the case of a felony, provided by the legal system.
Know the difference. Learn about the stakes. Make more sensible decisions. Your future self will be grateful to you.
