Understanding the Difference between Felony and Misdemeanor

Felonies and misdemeanors are two types of crimes that are classified based on their severity. Both crimes can result in consequences such as fines, community service, or jail time, but they differ in their seriousness.

What is Felony?

A felony is a severe crime that can be punished by a prison sentence of more than a year. It is a criminal offense that is more serious than a misdemeanor and has a significant impact on the offender’s life. Felonies are recorded on the offender’s permanent record and can result in reduced job prospects, loss of voting rights, and the right to bear arms.

Examples of Felony

Murder
Rape
Arson
A kidnapping
Terrorism
Fraud
Theft with violence

Uses of Felony

Felonies are used to punish serious crimes and protect society from dangerous individuals. The severity of the punishment serves as a deterrent to others who might commit similar crimes.

What is Misdemeanor?

A misdemeanor is a criminal offense that is less serious than a felony. It is a minor crime that is punishable by a fine, community service, or jail time of fewer than 12 months. A misdemeanor remains on the offender’s record for a limited period and may have less of an impact on their future prospects than a felony.

Examples of Misdemeanor

Reckless driving
Disorderly conduct
Minor drug offenses
Petty theft
Trespassing
Simple assault
Indecent exposure

Uses of Misdemeanor

Misdemeanors are used to punish minor crimes that may not pose a significant threat to society. The punishment serves to deter offenders from committing future crimes and to protect society from nuisance crimes.

Differences between Felony and Misdemeanor

Difference Area	Felony	Misdemeanor
Punishment	Punishable by a sentence of more than a year in prison	Punishable by a sentence of fewer than 12 months in jail
Severity	Serious crimes with grave consequences	Less serious crimes that do not pose a significant threat to society
Impact on permanent record	Remains on the offender’s permanent record and has a significant impact on their future prospects	Remains on the offender’s record for a limited period and has less of an impact on their future prospects
Impact on the right to vote	Can result in the loss of the right to vote	Does not affect the right to vote
Impact on the right to bear arms	Can result in the loss of the right to bear arms	Does not affect the right to bear arms
Jail time	Can result in a sentence of more than a year in prison	Can result in a sentence of fewer than 12 months in jail
Fines	Generally imposed in greater amounts	Generally imposed in smaller amounts
Jury trial	A defendant is entitled to a jury trial	A defendant is entitled to a jury trial in most cases
Legal representation	The defendant is entitled to legal representation by a government-appointed attorney if they cannot afford private representation	The defendant is entitled to legal representation by a government-appointed attorney if they cannot afford private representation
Type of crime	Includes crimes such as murder, rape, and terrorism	Includes crimes such as petty theft and trespassing

Conclusion

The primary difference between a felony and a misdemeanor is the severity of the crime and its associated punishment. Felonies are more serious crimes that are punishable by a sentence of more than a year in prison, while misdemeanors are less serious crimes that are punishable by a sentence of fewer than 12 months in jail.

Knowledge Check

What is the main difference between felony and misdemeanor?
The primary difference between felony and misdemeanor is the severity of the crime and its associated punishment.
What is a felony?
A felony is a severe crime that can be punished by a prison sentence of more than a year.
What is a misdemeanor?
A misdemeanor is a criminal offense that is less serious than a felony. It is a minor crime that is punishable by a fine, community service, or jail time of fewer than 12 months.
Can a person lose the right to vote or bear arms because of a misdemeanor?
No, the right to vote and bear arms is only affected by a felony conviction.
What are some examples of felony?
Some examples of felony include murder, rape, arson, and terrorism.
What are some examples of a misdemeanor?
Some examples of a misdemeanor include reckless driving, disorderly conduct, and minor drug offenses.
Can a defendant have legal representation in both felony and misdemeanor cases?
Yes, a defendant is entitled to legal representation by a government-appointed attorney if they cannot afford private representation in both felony and misdemeanor cases.
How long does a misdemeanor stay on an offender’s record?
Misdemeanors remain on the offender’s record for a limited period and have less of an impact on their future prospects than a felony.
What is the purpose of punishing felony crimes?
Felonies are used to punish serious crimes and protect society from dangerous individuals. The severity of the punishment serves as a deterrent to others who might commit similar crimes.
What is the purpose of punishing misdemeanor crimes?
Misdemeanors are used to punish minor crimes that may not pose a significant threat to society. The punishment serves to deter offenders from committing future crimes and to protect society from nuisance crimes.

10 Differences Between felony and misdemeanor