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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
26 thru 30 of 79 comments
On 04/07/04
Denise Kenedy from UT said:
I was just wondering what the punishment would be for a class 2 misdemeanor involving harboring a runaway teen.
On 04/07/04
Bill Gapp from SD said:
Two of my friends were in a car and there was a pot pipe in there and it was mine but i wasnt in there and there got pulled over for smoking and the cops serched the car and found a dirty pipe and they went to JDC and they told the cops is was mine and then they cops came after me and they brought me into JDC and now i got my papers i am am getting charged with just sdcl 22-42-15(indigestion) who is in fault for the dirty pipe me or them i think they got charged with it but it was mine and it dont make sence
On 04/05/04
Linnea from AZ said:
I was convicted of a class 6 undesiginated felony in 1999.My jail sentence was deleted, and upon successful completion of all terms of probation the felony was to be reduced to a misdemenor.However, due to a recent background check conducted by an prospective employer, it was noted on my national criminal file of "Felony including misdemenor".The clerk of court I contacted informed me I would always have to report that.This is contrary what the prosecutor, judge,and probation office told me.I have been denied employment in one instance I am aware of,and am suspcios of others.What are my rights
On 04/03/04
amanda from VA said:
my brother is facing a class 6 felony on child naglect witch isnt true if he was in truble alot when he was younger will that count aginst him and how long to you think he will get the cops came in his house with out a search warrent or any warrent. can they do that?
On 03/30/04
rena from AR said:
I was acussed of misteating an elderly lady. There was no proof at all that I did this only proof was a girl who I happen to have an argument with the night this supposedly happened who went told this lie on me. Now I might be facing a Class B misdemeanor for nothing. What could happen if I'm charged?
26 thru 30 of 79 comments



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