Criminal Law: Defining Felonies And Misdemeanors

The classification of crimes as felonies, misdemeanors, or infractions is a complex process that varies across different jurisdictions. Generally, state legislators determine how a crime is classified, with the primary consideration being the seriousness of the offense. While the specific laws vary by state, misdemeanors often include non-violent crimes, such as shoplifting or reckless driving, while felonies tend to involve physical violence or actions causing extreme psychological harm. The severity of the crime, potential punishment, and other circumstances all play a role in determining whether an offense is classified as a felony or a misdemeanor.

Explore related products

Criminal Law

$47.99 $297.95

Criminal Law

$97.77 $297.95

Criminal Law and Its Processes: Cases and Materials [Connected eBook with Study Center] (Aspen Casebook) (Aspen Casebook Series)

$168 $359

Criminal Law: Cases and Materials [Connected eBook with Study Center] (Aspen Casebook)

$112.77 $352

Criminal Law Handbook, The: Know Your Rights, Survive the System

$27.13 $39.99

Contemporary Criminal Law: Concepts, Cases, and Controversies

$98.4 $123

Severity of the crime

The severity of a crime is a key factor in determining whether it is classified as a felony or a misdemeanour. Generally, felonies are considered more serious offences that carry harsher penalties, including longer jail sentences and higher fines. Misdemeanours, on the other hand, are typically less severe crimes with shorter jail terms and lower fines.

Felonies often involve serious physical harm or the threat of harm to victims, such as violent crimes like murder, aggravated assault, kidnapping, and armed robbery. They can also include non-violent offences that are deemed extremely harmful, such as grand theft, tax evasion, perjury, and white-collar crimes. Felonies usually result in prison sentences ranging from one year to life imprisonment or, in some states, the death penalty.

Misdemeanours, in contrast, are often non-violent crimes such as shoplifting, reckless driving, simple assault, drug possession, vandalism, and disorderly conduct. They typically carry a maximum jail sentence of one year or less, often served in a local county jail rather than a high-security prison. Misdemeanours may also result in fines, probation, or community service, but they generally do not lead to long-term incarceration.

It is important to note that the classification of crimes can vary between states in the United States. A crime that is considered a misdemeanour in one state may be classified as a felony in another, particularly when it comes to issues like drug laws. Additionally, some offences, known as "wobblers," can be prosecuted as either a felony or a misdemeanour, depending on the circumstances and the judge's discretion.

The severity of a crime is determined by state legislators, who consider the seriousness of the offence and the potential harm caused. The classification of a crime as a felony or misdemeanour has significant implications for the defendant, impacting the severity of their sentence, their criminal record, and various aspects of their life, including employment opportunities.

Potential punishment

The potential punishment for a crime depends on whether it is classified as a felony, misdemeanor, or infraction. These classifications are based on the seriousness of the offence, with felonies being the most serious, misdemeanors being less serious, and infractions being the least serious.

Infractions

Infractions are petty offenses that are typically punishable by fines but not jail time. The law will set a maximum fine and sometimes a minimum fine. Infractions do not result in a jail sentence or probation, and defendants charged with infractions do not have a right to a jury trial or an attorney. Examples of infractions include traffic tickets, trespassing, littering, and disorderly conduct.

Misdemeanors

Misdemeanors typically include non-violent crimes such as shoplifting, reckless driving, simple assault, drug possession, vandalism, and disorderly conduct. They can also include more serious offenses, such as assault with a deadly weapon. In most jurisdictions, misdemeanors carry a potential jail term of less than one year, typically served in a local county jail. Misdemeanors can also result in fines, with amounts varying by crime and state. Some states further classify misdemeanors by class or degree, with Class A misdemeanors carrying the highest punishment and Class C misdemeanors the lowest.

Felonies

Felonies are the most serious type of criminal offense and carry possible sentences ranging from one year to life in prison. Some felonies, known as capital felonies, can result in the death penalty. Felonies often involve serious physical harm or the threat of harm to victims, but they can also include non-violent activities considered extremely harmful, such as white-collar crimes, fraud schemes, grand theft, tax evasion, and perjury. Felonies can also result in fines, probation, community service, and restitution. If sent to prison, a defendant convicted of a felony may be supervised after release or on parole. Felony charges tend to result in much higher fines than misdemeanors, with the most serious felonies carrying very large monetary fines.

Repeat offenders

The classification of a crime as a felony or a misdemeanor varies across different states and jurisdictions. Generally, misdemeanors are considered less serious than felonies and carry shorter jail sentences and lower penalties. Misdemeanors typically include non-violent crimes like shoplifting, reckless driving, simple assault, or drug possession for first-time offenders.

In many states, repeat offenders may be subject to mandatory minimum sentences, where judges are required to impose a minimum prison term. For example, a state law might mandate a minimum of 10 years in prison for an offender's third violent felony conviction. These mandatory minimum laws have been criticized for not taking into account the specific circumstances of each case and the individual before the judge.

Some states have also enacted “three strikes” laws, which impose harsh sentences, including potential life imprisonment, for a third felony conviction. While some states have reduced the severity of these penalties, many still retain these laws in some form. Additionally, having prior convictions may limit sentencing alternatives, such as probation or diversion programs, that are typically available to first-time offenders.

The impact of a criminal record can extend beyond incarceration, affecting employment opportunities, housing, and public assistance. A felony record, in particular, may create significant barriers for individuals seeking to reintegrate into society. However, some states have taken initiatives to minimize the impact of a criminal record, such as expungement and sealing laws, as well as laws prohibiting discrimination against individuals with minor or old offenses.

In summary, repeat offenders often face heightened sanctions and reduced sentencing flexibility due to their criminal history. While the specific laws and penalties vary across jurisdictions, the overall trend is to treat repeat offenders with greater severity to deter future criminal acts and protect community safety.

Explore related products

Understanding Criminal Law (Understanding Series)

$54.92

Constitutional Law and the Criminal Justice System

$143.99 $297.95

Criminal Law: Cases and Materials (American Casebook Series)

$325

Criminal Procedure: Law and Practice

$48.99 $297.95

Criminal Law, Cases and Materials (American Casebook Series)

$305

Essential Criminal Law

$181.16 $106

State-specific laws

State legislators decide how a crime will be classified, with the main focus being the seriousness of the offense. While particular laws vary by state, misdemeanors generally include nonviolent crimes. In many cases, misdemeanors do not lead to long amounts of jail time. Misdemeanors can include reckless driving, shoplifting, certain types of drug possession, simple assault, and disorderly conduct, among others.

Felonies, on the other hand, tend to involve physical violence or some type of action that can cause extreme psychological harm. Examples of felony crimes include murder, aggravated assault, kidnapping, and more. Felonies can also involve nonviolent activities that are still considered extremely harmful, such as grand theft, tax evasion, perjury, and copyright infringement.

The punishment for a felony can include fines, probation, community service, and restitution. Defendants charged with felonies are entitled to a jury trial and legal representation. Felony charges tend to be much higher, with the most serious felonies resulting in very large monetary fines.

In general, a felony offense carries the possibility of imprisonment of more than one year and up to life or, in some states, the death penalty. A crime typically remains a felony even if the judge sentences the defendant to something other than the maximum sentence, and even if the actual punishment doesn't involve any time behind bars.

It's important to note that the classification of crimes can vary drastically between states. For example, in California, assault with a deadly weapon other than a gun is considered a "wobbler," which means it can be prosecuted as either a felony or a misdemeanor depending on the circumstances. In some states, judges can even wait until a defendant has completed probation to decide whether an offense is a misdemeanor or a felony.

Defendant's circumstances

The classification of a crime as a felony or a misdemeanor is determined by statutes enacted by legislative bodies, such as Congress or state legislatures. These statutes outline specific criminal conduct and the associated penalties, such as imprisonment, fines, or probation. The main focus is the seriousness of the offense and its potential punishment, particularly the length of jail time.

Defendants' circumstances play a crucial role in determining whether an offense is a misdemeanor or a felony. For example, a defendant's conduct or history can lead to a more severe sentence, with prior convictions potentially impacting the classification of a crime. In the case of Randy, who was convicted of assault with a deadly weapon, the judge sentenced him to jail time of less than one year, making the conviction a misdemeanor. On the other hand, a defendant with a criminal record who stabs someone with a blade is more likely to receive a felony conviction.

Judges often have the final say in whether an offense is a misdemeanor or a felony, especially in cases that fall under "wobblers," where the offense can be prosecuted as either a felony or a misdemeanor. Prosecutors have discretion in charging wobblers, but judges can decide the final classification based on the offender's circumstances and the facts of the case. For instance, in California, assault with a deadly weapon other than a gun is a wobbler, and the sentence can vary from a few years in prison to less than a year in jail.

The classification of crimes as felonies or misdemeanors can vary by jurisdiction, with each state defining crimes and their penalties differently. This variation is particularly apparent in issues such as drug laws, where possession of controlled substances may be considered a felony or a misdemeanor depending on the circumstances and the state. Similarly, driving under the influence may be a misdemeanor for a first offense but a felony for subsequent offenses.

In summary, defendants' circumstances, including their conduct, history, and the specific facts of the case, play a significant role in determining whether an offense is classified as a felony or a misdemeanor. Judges and prosecutors interpret and apply the relevant statutes, considering the seriousness of the offense, the potential punishment, and any aggravating or mitigating factors to make the final classification decision.

Frequently asked questions