Summary
- Criminal offenses are divided into misdemeanors and felonies
- The classification of an offense depends on the severity of the punishment
- A misdemeanor vs. felony charge may have different rights and procedures
Federal and state criminal laws are written in statutes that define whether an offense is a misdemeanor vs. felony. Generally, misdemeanors are less serious offenses than felonies.
However, this is not the only distinction. The procedures and rights that apply to an offense may depend on whether it is classified as a misdemeanor or felony.
If you’re facing criminal charges, you need as much information as possible about your rights, risks, and defenses. ConsumerShield helps people understand the law and connect with attorneys for their cases. Contact us for a free case review and lawyer referral.
Common Law Misdemeanors and Felonies
At common law, criminal offenses were not written in statutes. Instead, courts relied on prior cases to determine whether to punish a person for their acts. Felonies were well-known and severe offenses, including the following:
- Murder
- Manslaughter
- Arson
- Rape
- Sodomy
- Robbery
- Larceny
- Mayhem, similar to modern assault and battery
- Burglary
Under the common law, a judge could punish felons by sentencing them to death, imprisonment, or loss of property.
Misdemeanors covered any other antisocial acts. In other words, common law judges did not have a list of misdemeanors. If a person’s acts did not qualify as a felony but nonetheless harmed someone or disturbed public order, the judge could declare their act a misdemeanor and punish them. However, fairness dictated light punishment since the offender did not have prior notice that their acts were criminal.
Thus, at common law, the main differences between misdemeanors and felonies included the following:
- Misdemeanors were less severe crimes than felonies
- Punishment for misdemeanors was lighter than punishment for felonies
- Misdemeanors covered any act outside of the known and defined felonies
Thus, under the common law, one of the most powerful weapons in a criminal defense attorney’s arsenal was to argue that their client’s actions were not a felony and, thus, the client deserved an acquittal or a light sentence.
Modern Criminal Law
The Due Process Clause of the U.S. Constitution eliminated unwritten criminal offenses. Both state and federal criminal laws must be written in statutes to give people notice of the actions and behaviors that might be punished.
However, the Constitution did not eliminate many of the other distinctions between felonies and misdemeanors. On the contrary, the word “misdemeanor” appears once in the Constitution, while the word “felony” appears three times. As a result, both state and federal criminal statutes include felonies and misdemeanors.
What Is the Difference Between a Felony and a Misdemeanor?
Felonies differ from misdemeanors in substantive and procedural ways, including the following:
Length of Imprisonment
When states codified criminal violations, they had to set a line between misdemeanors and felonies. Most states chose one year of imprisonment as the dividing line. Thus, the maximum sentence for misdemeanors in these states is one year of imprisonment, although a few states chose different durations, including 18 months or two years.
Location of Imprisonment
Most states allow misdemeanants to serve their sentences in a local jail and require felons to serve their time in state prison. This might not seem like much of a difference, but it helps to separate those serving long sentences for serious crimes from those who committed minor offenses.
Collateral Consequences
The other consequences that come with a conviction differ between felonies and misdemeanors. For example, given how many guns per person in the U.S. there are, gun ownership is important to many Americans. However, convicted felons cannot legally possess a gun. Most misdemeanants can own a gun, except for those convicted of misdemeanor domestic violence.
What Are the Similarities Between a Felony and a Misdemeanor?
Felonies and misdemeanors have several similarities, including the following:
Potential Imprisonment
A judge can sentence you to imprisonment for both felonies and misdemeanors. However, the location and duration of the imprisonment are different.
This possibility distinguishes criminal offenses from civil wrongs. In a civil case, such as a motorcycle accident lawsuit, the court can order the defendant to pay monetary compensation to the injured victim. The defendant does not face imprisonment in a civil case.
Right Against Self-Incrimination
You always have the right to refuse to answer questions asked by the police in felony and misdemeanor cases. For example, suppose that a police officer stops you for weaving on the road. You cannot face additional fines or imprisonment for refusing to answer the officer’s questions about how much you had to drink.
However, the state can take away privileges for non-cooperation. For example, under state implied consent laws, you consent to chemical testing if requested by police officers when you apply for a driver’s license. If you refuse, the state can suspend your driver’s license.
Innocent Until Proven Guilty
The prosecutor in your case has the burden of persuasion in both felony and misdemeanor prosecutions. They must prove every element of the offense or you are entitled to an acquittal or dismissal.
In other words, your criminal defense attorney does not need to prove your innocence. Instead, it is often enough to poke holes in the prosecution’s case.
Right to a Jury Trial
You have the right to a jury trial in any felony or misdemeanor case that can result in your imprisonment. You do not have the right to a jury trial if the punishment cannot include imprisonment. Thus, you do not get a jury for a traffic ticket.
Contact ConsumerShield to Learn More About the Differences Between a Misdemeanor vs. Felony Charge
The risks you face for a criminal conviction depend on whether the charge is a misdemeanor or felony. ConsumerShield educates people about their legal situations and helps them find a lawyer to represent them. Contact us for a free case evaluation and lawyer referral.
