Speak Up! - View Question #376

« LawForKids.org home page | « Go back to speak up question #376

Question: What is the difference between a felony and a misdemeanor?

Answer: When you commit a crime in our society, you have to be punished. How much punishment a criminal gets depends on how bad their crime was.

To help determine how bad a crime was, the crime is called either a 'felony' or a 'misdemeanor'.

Felonies are more serious crimes, and misdemeanors are less serious crimes. Both can also result in imprisonment.

Felonies and misdemeanors are also given a number explaining how serious the crime is. The most serious crime is a 'class one felony', and the least serious crime is a 'class three misdemeanor'. Here's how the order goes: CLASS 1, 2, 3, 4, 5, & 6 FELONIES, CLASS 1, 2 & 3 MISDEMEANORS. A class 1 misdemeanor falls right after a class 6 felony.

Punishment is based off of this system, and can result in either jail time, a fine, or both. The jail time for felonies is based off of their class according to the following chart:

Min Max
For a class 2 felony 4 yrs 10 yrs
For a class 3 felony 2.5 yrs 7 yrs
For a class 4 felony 1.5 yrs 3 yrs
For a class 5 felony 9 months 2 yrs
For a class 6 felony 6 months 1.5 yrs

Misdemeanors are also given jail time in accordance with their class according to the following chart

1. For a class 1 misdemeanor, six months.

2. For a class 2 misdemeanor, four months.

3. For a class 3 misdemeanor, thirty days.

Similarly, punishment for crimes consisting of fines are based off of the seriousness of the crime, and are determined by the court at your hearing. Our laws limit fines to certain amounts:

1. Felonies may not exceed a fine of $150,000

2. Class 1 misdemeanors may not exceed $2,500

3. Class 2 misdemeanors may not exceed $750

4. Class 3 misdemeanors may not exceed $500

Please note that the punishment for your crime depends on your criminal record, or whether you've committed any crimes in the past. If you have a clean record [no crimes in your past] then you'll get an easier sentence. If you have a record [there are crimes in your past] then you'll likely get a more serious sentence.

Another important difference between a felony and a misdemeanor conviction is the impact that they will have on a person's future. When that person makes it out of jail and tries to get a job, a felony conviction will likely continue to haunt the criminal. Most employers want to know about all felony convictions - so if you are ever convicted of any felony, you would have to tell your employer. If you had just a misdemeanor, you would have some more privacy in this respect.


Comments
1 thru 5 of 79 comments
On 06/26/08
katy from VA said:
I was recently assaulted by someone I dated. I was dating him for a few months. He snapped when I walked into his house and come to find out he had a girlfriend of 5yrs and was there.. I knew nothing about her. He knocked me down, beat me, dragged me down stairs threw me in rocks and slapped me. I had him arrested for assault but I don't think he will serve any time or anything will happen to him. I don't have much faith in the justice sysyem. It took 3 days for him to turn himself in to the police. He was out in less than an hour. He left me black & blue. Is there any justice in this world?
On 03/02/08
Texas from AL said:
I was caught shoplifting class c misdemenour , I am a teacher I love my work I had never done anything like that before I do not know what got into me . I have a lawyer but I am so afraid
On 10/16/07
Annie from WA said:
I had a misdemeanor for domestic vioulence; never served time but went to the police station with my ex back in 1993 -- it has been 14 years; I went back to my maiden name in 1998
On 07/23/07
ebok from PA said:
I recently got charged with furnishing alocohol to a minor and corruption of a minor. Does this carry jail time?
On 09/08/06
katie from NC said:
I have been charged with 3 counts of truency. I only kept my children out when they were sick. I have proof from my boss, my docs, and my word as a mother, (which is no longer valid) I may have forgotten to write some notes but I cannot believe they would say I purposely kept my children home. I don't do drugs, I've never been in trouble, I work hard to put food on the table, and I love my children dearly. I put myself through college, earned a double major while working full time and taking care of four children. Now, because of the new law, what we've worked hard for maybe taken away.
1 thru 5 of 79 comments



Read more about the law and Other
Related Stories
Related Laws
« LawForKids.org home page | « Go back to speak up question #376