The United States legal system can often seem shrouded in mystery and sometimes feel complicated. For instance, we might frequently hear the words “misdemeanor” and “felony” in our nightly news segments or on a television crime show, but what do those words actually mean? Whether you are in a situation where you must understand the distinction yourself or are just curious about the difference, read on.

The terms “felony” and “misdemeanor” are used to categorize the majority of crimes in the country. However, some states have a third category that addresses petty crimes or smaller infractions. Learning what separates a felony from a misdemeanor is essential to fully comprehend the charges someone is facing and the severity of possible penalties.

What is a Misdemeanor?

Generally, misdemeanors encompass less severe crimes. Infractions that may be deemed as a  misdemeanor include minor theft, driving with a suspended license, and various minor drug offenses. In some states, misdemeanors are further broken and categorized based on the seriousness of the crime. During these instances, first degree misdemeanors are reserved for the most severe misdemeanors, while second or third-degree misdemeanors are the less severe offenses.

For most scenarios, a misdemeanor is often punished through fines, restitution, probation, and may occasionally include jail time. However, time spent in jail for a misdemeanor charge does not typically supersede one year. Furthermore, if an individual were to have multiple misdemeanor claims brought against themselves simultaneously and receives jail time due to those crimes, the sentences can be structured consecutively, instead of concurrently. If a sentence is run concurrently, an individual can serve all of their sentences simultaneously. In instances where a sentence is run consecutively, the individual has to finish serving a sentence for one offense before beginning serving a sentence for another crime. The differentiation between consecutive and concurrent structures is imperative, as it determines the severity of potential punishment.

In addition to punishments issued by the courts, individuals may face collateral consequences. These collateral consequences may leave lasting impacts on the person’s well-being, such as loss of employment and housing and disqualification of welfare benefits and student loans.

What is a Felony?

Felonies are the most severe crimes. Rape, murder, and kidnapping are examples of offenses that, if convicted, are identified as felonies. Generally, felonies carry longer sentences and more substantial long-term consequences, in comparison to misdemeanors. Comparable to a misdemeanor, felonies are typically classified by their degree of seriousness. While each state has slight variations, the first degrees are used to describe the most serious offenses, while second or third-degree felonies are designated for less severe crimes.

The punishment for those convicted of felonies may vary. An inmate may serve their sentence in a state or federal prison. The amount of time an individual is sentenced to prison will be within the limits of the maximum sentence for each degree of felony, but at least one year. Maximum sentences will vary slightly from state-to-state.

In conjunction with prison time, people who are convicted of felonies are faced with other disadvantages after they have served. In some states, individuals with felony convictions are no longer able to purchase or possess firearms, vote, or be employed in fields such as education, law enforcement, or the military.

The bottom line, felonies are reserved for more severe crimes and have longer-lasting repercussions than misdemeanors. However, misdemeanors should still be taken seriously, as punishments can still be extensive.

For additional information, visit Attorney Stephen G. Cobb.