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Felony vs. Misdemeanor: Key Differences Explained

Explore felony vs misdemeanor differences. Learn key distinctions and legal implications. Understand your rights. Visit us to know more!

According to data from USA Facts, violent crime fell in 2022 to 380.7 per 100,000 people, while property crime increased to 1,954.4 per 100,000 people. These can both be broken down into a wide range of individual crimes that vary in terms of severity and punishment.

There are all kinds of legal terms that you might hear all the time, but most people don’t actually have a good understanding of what they mean. Two very common terms are felony and misdemeanor, and while you probably know that they’re both crimes, there’s a good chance that you don’t know any more than that.

In this guide, we’ll explore felony vs misdemeanor differences so you can gain a better understanding of how they both work.

Keep reading for more.

Categories for Crimes

The difference between felony and misdemeanor can vary slightly depending on the state. Most states actually break their crimes down into three distinct categories depending on how severe the crime is. These categories are:

• Felonies
• Misdemeanors
• Infractions

The seriousness of the crime typically plays a large role in how severe the punishment is. The category it falls into will also determine how the court system handles the case.

What Is an Infraction?

An infraction is the least of these three categories. It typically relates to the violation of a:

• Rule
• Ordinance
• Law

Most jurisdictions don’t consider infractions to be too severe, and therefore, they’re usually not met with jail time. Additionally, they don’t appear on an individual’s criminal record. Usually, the punishment with either be a fine or community service.

What Is a Misdemeanor?

Various crimes can be considered misdemeanors. They’re typically non-violent crimes, such as:

• Reckless driving
• Shoplifting
• Drug possession for first-time offenders

In some cases, this can also include simple assault. In most states (and under federal law) a misdemeanor can carry jail time, though this is usually less than a single year. In some states, misdemeanors are simply defined as crimes that are not infractions or felonies.

Misdemeanors can be further sorted into classes. These are divided up based on the maximum prison sentence for the crime. The three groups are:

• Class A misdemeanor: Minimum of six months and a maximum of one year
• Class B misdemeanor: Minimum of thirty days and a maximum of six months
• Class C misdemeanor: Minimum of five days and a maximum of thirty days

Typically, the jail time for misdemeanors is served in a local county jail. Someone will only be sent to a high-security prison in extreme cases.

Prosecutors typically have quite a bit of flexibility when deciding elements like:

• What crimes to charge
• What the punishment will be
• What kinds of plea bargains to negotiate

While misdemeanor legal implications are quite bad, they’re not as severe as felonies.

What Is a Felony?

A felony is the most serious classification of a crime. Some common felony crime examples include:

• Aggravated assault
• Sexual assault
• Domestic violence with bodily injury
• Murder
• Kidnapping
• Arson

It’s worth noting that the term “felony” can have slightly different definitions. Within the federal government, a felony is a crime that carries a punishment of more than one year. States are typically not quite as strict with this definition.

The majority of US states use and define “felony” by either the length of the sentence or the location of incarceration. Sometimes, they use both.

For example, in Georgia, a felony is “a crime punishable by death, imprisonment for life, or imprisonment for more than 12 months.” In Idaho, a felony is “a crime punishable by death or by imprisonment in the state prison.”

Heartland Law Office is based in Bismarck, ND, and we serve clients throughout North Dakota. Here, a felony is “a crime that carries a penalty of more than 360 days in jail and up to life in prison”. If you’re being charged in any other state, it can be beneficial to look up the exact definition for that location.

Similarly to misdemeanors, felonies can also be grouped into different categories. There are 5 classes that they’re typically split into:

• Class A felony: Life sentence or the death penalty
• Class B felony: 25 years or more
• Class C felony: Minimum of 25 years and a maximum of 10 years
• Class D felony: Minimum of 10 years and a maximum of five years
• Class E felony: Minimum of five years and a maximum of one year

Due to the severity of punishments in felony cases, criminal procedure is closely observed. This helps ensure the defendant’s rights are protected.

In general, felonies are crimes that society deems as severe. With that said, the punishments can vary significantly. Ideally, the punishment will always match the severity of the crime.

Key Felony vs Misdemeanor Differences

The key difference to note between felonies and misdemeanors is that they relate to different crimes with different levels of severity. Misdemeanors are worse than infractions but are typically non-violent and not too severe. Felonies are among the worst crimes that a person can commit and often involve harming others.

The other key difference that goes hand-in-hand with the severity of these is felony vs misdemeanor punishments. Misdemeanors can result in prison time, and this can be anywhere between five days and a year. Felonies can be anywhere upwards of a year, sometimes even resulting in a life sentence or the death penalty.

Additionally, they’re generally served in different locations. Misdemeanors are usually served in local county jails, while felonies are typically served in state prisons.

Despite these differences, it’s important to remember that both felonies and misdemeanors can result in jail time. They can also lead to other issues such as:

• Fines
• Job loss
• Stress

It’s crucial to have reliable legal representation if you’re facing a case for either of these.

Legal Support for Felonies and Misdemeanors

While there are clear felony vs misdemeanor differences, it’s still safe to say that both situations can be quite worrying. If you find yourself being charged with either, you’ll want to get assistance from a reliable law firm.

Heartland Law Office is a locally owned firm that always guides clients to the best course of action to solve their legal troubles as quickly and cost-effectively as possible. We’re a BBB-accredited business and have been helping people in North Dakota with all kinds of legal cases since 2019. Contact us to request a case evaluation today.