FELONY VS MISDEMEANOR

Written By : Listi Oktavia & Githa Ramadani Syahputri

What Is a Misdemeanor?

Misdemeanors typically involve non-violent crimes like shoplifting, reckless driving, simple assault, or drug possession for first-time offenders. Under federal law and in most states, a misdemeanor is a criminal offense that brings out a potential jail term of less than one year and more than 15 days. Some states define a misdemeanor as a crime that is not a felony or an infraction.

Misdemeanors are classified into classes. Under the federal sentencing guidelines the classes are divided by the maximum imprisonment for the offense:

●      Class A misdemeanor - One year or less, but more than six months

●      Class B misdemeanor - Six months or less, but more than thirty days

●      Class C misdemeanor - Thirty days or less, but more than five days.

 

What Is a Felony?

A felony is the most serious type of crime, often involving violence or severe harm. Examples include murder, assault, and kidnapping. Nonviolent felonies, like grand theft, tax evasion, and perjury, are also highly damaging.

What is the Difference Between Felony vs Misdemeanor?

There are certain factors that help categorize a criminal offense. Here are the major differences between felonies and misdemeanors:

Factor	Felony	Misdemeanor
Size of Crime	More serious, causing significant harm (e.g., stealing a car, stabbing someone)	Less serious, causing minor harm (e.g., stealing a candy bar, slapping someone)
Punishment	Harsher penalties, including long prison sentences and larger fines	Lighter penalties, such as shorter jail time and smaller fines
Long-term Effects	Can disqualify from jobs, restrict rights, and may not be expunged	Less impact on future opportunities, often eligible for expungement

 

What is Difference Classification Felony vs Misdemeanor in Several Countries?

Crimes in England, are classified as indictable (jury trial) or summary (no jury). Indictable offenses include treasons, felonies, and misdemeanors. The classification lacks consistency, with some misdemeanors carrying harsher penalties than felonies.

Crimes in Florida, are divided into misdemeanors (less severe) and felonies (more severe). Misdemeanors carry up to one year in jail, while felonies have a minimum of one year. Misdemeanor cases have no jury trials, while felony cases involve indictments and possible pre-trial imprisonment. Felony convictions also come with lifelong restrictions, like losing voting or gun rights.

What Happens if You Are Charged?

Some crimes, like traffic infractions, result in a ticket and court summons. Others lead to arrest, where police may not immediately determine if it's a misdemeanor or felony. Aggravating factors, injuries, or a prior record can escalate a misdemeanor to a felony. Misdemeanors may be resolved with fines, while felonies require court trials and a longer legal process. In both cases, hiring a defense lawyer is crucial

What is the Difference in the Application of Felony and Misdemeanor in the Criminal Justice System?

The application of felony and misdemeanor within the criminal justice system involves different legal procedures, with a greater impact on those committing serious crimes (felonies) compared to those committing less severe crimes (misdemeanors).

●      Felony

Example: Murder cases require long trials with jury courts, severe penalties like life imprisonment, or even the death penalty.

Investigation: Extensive investigations and preliminary hearings determine if there’s enough evidence to proceed.

Court: Formal jury trials are required.

Punishment: Long prison sentences in state or federal prisons, with lifelong restrictions like losing voting or firearm rights

●      Misdemeanor

Example Case:

A person who steals items of low value from a retail store would typically be charged with a misdemeanor. Although it is still a crime, petty theft is considered less serious than a felony.

Example: Petty theft (e.g., shoplifting) is considered a misdemeanor.

Investigation: Quick, simple investigations.

Court: Often no jury trial; the judge determines sentencing.

Punishment: Fines, community service, or jail time under one year, usually served in local jails.

The criminal justice system applies different levels of scrutiny, resources, and severity of punishment based on whether a crime is a felony or a misdemeanor. Felonies are treated as more serious offenses with greater potential consequences, resulting in more extensive investigations, more formal court procedures, harsher sentences, and longer-lasting collateral consequences. Misdemeanors are treated as less serious offenses, with less intensive investigations, simpler court procedures, lighter sentences, and fewer long-term consequences.

SOURCES

• Darwin, J. (2024, august 7). Understanding Felonies vs. Misdemeanors: Key Differences Explained. Retrieved from Case Darwin Law: https://www.casedarwinlaw.com/blog/understanding-felonies-vs-misdemeanors-key-differences-explained/

• Esq, G. A. (2024, November 21). What Is the Difference Between a Felony and a Misdemeanor? Retrieved from LawInfo: https://www.lawinfo.com/resources/criminal-defense/what-is-the-difference-between-a-felony-and-a-misdemeanor.html

• felony and misdemeanour. (2025, January 11). Retrieved from Britannia: https://www.britannica.com/topic/felony

• Tress, W. (2009). Unintended Collateral Consequences: Defining Felony in the Early. University of Baltimore School of Law .