Felony v. Misdemeanor Charges and Penalties

Misdemeanors are crimes which are more serious than petty offenses. Misdemeanors includes resisting arrest, simple battery and public drunkenness. If the degree of seriousness is taken into consideration then misdemeanors are a step below felonies. The manner or the degree in which the act is carried out also affects the classification of misdemeanors.

For instance if one steals an item costing less than a certain dollar amount, one would be committing petty larceny, which is considered to be a misdemeanor. If the item costs more than the said amount, then you would be committing grand theft and which would be considered to be a felony.

Misdemeanor Punishments

Punishments for higher misdemeanors may be a higher fine than would be paid for a petty offense. If a jail sentence is served, then it needs to be served for not more than a period of one year at a local, city or county jail.

Misdemeanor offenses are generally dealt with in special courts with abbreviated procedures. In many jurisdictions, court appointed attorneys are not provided to those who can’t afford it. The grand jury has no part to play in the investigation and charges in misdemeanor cases. These charges are usually carried out by written information or complaint. But if a defendant desires a jury trial, he may need to make a request and a pay a fee to procure one. A grand jury only hears a misdemeanor charge if the same is accompanied by one or more felonies.

Unless there is a specific penalty attached such as domestic assault or operating a motor vehicle while intoxicated, misdemeanors can be punishable simply by monetary fine, although there is also the possibility of a jail or prison term. A work release may be granted to those who are serving jail terms, to allow them maintain employment.

Three Strikes Laws

Those convicted of misdemeanor charges are allowed to vote, serve in the military, serve on juries, and can practice in licensed professions like being a lawyer. In states where three strikes laws have been adopted, misdemeanors are not counted as strikes. When offenders have been convicted of two prior felonies, misdemeanors added to the list may be considered as the third strike offense. If this happens one can be subjected to a mandatory 25 years to life prison sentence.

More Severe Misdemeanors

Misdemeanor (Aggravated): Offenders may have to serve 2 years in jail; mandatory fine of at least $500 but not more than $5,000.

Serious Misdemeanor: Maximum jail term not to exceed 1 year; mandatory fine of at least $250 but not more than $1,500.

Simple Misdemeanor: Maximum jail term not to exceed 30 days; mandatory fine at least $50 but not more than $500.

For information regarding misdemeanor in California and Kentucky you can visit http://www.courtinfo.ca.gov and http://migration.kentucky.gov. For other states you can visit the official court websites of different state governments. 

Felonies 

Felonies are serious crimes such as robbery, murder, kidnapping and rape. The federal government and most states dictate that felonies are crimes that carry a maximum sentence of more than one year to be served at a federal or a state prison. If the crime is a capital offense like first degree murder, even a death penalty may be awarded. In cases of felony which are more serious offenses than misdemeanor, the defendant has the right to a court appointed lawyer. A grand jury trial may be mandatory in some state jurisdictions.

A person who is convicted of a felony is likely to have more restrictions on their rights or collateral consequences. This may include professional restrictions as these people cannot be lawyers or teachers, they are not allowed to serve on juries, losing the right to vote, being restricted from owning guns, or serving the military and in certain cases have to register as an offender.
 
Felonies also carry significant fines. The consequences of a felony are less significant in terms of jail sentence but this can have serious repercussions on one’s record. This can have a negative effect in professional field as well as many employers are apprehensive of employing people with a felony record.

If you seek the help of an expert lawyer then you might be able to avoid a felony conviction in some cases. This can happen by dismissing charges, winning at trial or negotiation of a plea to a lesser charge.

Felony charges must be approved by a state attorney before the charges can be actually filed. Law enforcement officers are authorized to file criminal complaints for misdemeanor cases without the approval of the state attorney. With the exception of a preliminary hearing or a grand jury indictment the criminal process for a misdemeanor as for felony are same. Often the bonds for misdemeanor cases are set by the court rules, which allows for release on bond without appearing before the judge.