Felony: Serious crime. You can be sent to prison for over a year.You lose a significant amount of civil rights while incarcerated or on probation. You will be barred from some occupations. You will not be able to have a gun.
Misdemeanor: Less serious crime. You can be sent to county jail for no more than a year. You do not lose any civil rights.
Plea bargain for the misdemeanor if you have a choice.
2007-11-11 08:41:01
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answer #1
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answered by Anonymous
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Not sure what you are asking, so I will give you a handful of differences.
First, there are several distinctions that are commonly made in the classification of crimes (both felony vs. misdemeanor and classes within both)
A) For property crimes -- value of the property. Most states have a dollar value that separates felony theft/property damage (or similar offenses) from misdemeanor theft/property value
B) For drug offenses -- weight of the controlled substances. Most states have a weight (particular for marijuana) that separates a felony drug offense from a misdemeanor drug offense. They further tend to have higher felony offenses when the weight gets really big.
C) For offenses against people -- the degree of injury. In most states, minor injuries (e.g. bruises, black eyes) tend to be misdemeanors while more serious injuries (e.g. scars, broken bones, burns) tend to be felonies
D) Major driving offenses (e.g. driving while intoxicated, driving while suspended) -- the number of priors. In most states, your first and second major driving offense is a misdemeanor, beyond that you are facing felonies.
Second, the length of sentence, place of confinement and the amount of potential fines is a major difference between a felony and a misdemeanor. Most misdemeanors have maximum sentences of a year of less with the place of confinment being a county jail. Most felonies have maximum sentences in excess of a year with the place of confinement being a state correctional facility (i.e. a prison). Fines also tend to be substantially higher for felonies than for misdemeanors.
Third, there tends to be different procedures for felonies than for misdemeanors and there may even be different courts involved (though this tends to be more state-specific than general). With a misdemeanor, the original document filed (typically called an Information) is a charging document. Once it is filed, while a lot tends to happen before the case is set for trial, the case can be set for trial at any time with no further proceedings. With a felony, there is a right to a probable cause hearing (either in front of a judge or by a grand jury) prior to the case being set for trial. With a felony, the initial document (typically called a Complaint) is not a charging document and is rather a request to have bond posted pending the filing of the charging document (which can only take place after the probable cause finding). In some states, misdemeanors are assigned to a specific court but, in other states, misdemeanors (and complaints) are simply handled by a different judge than the one who presides over felony cases.
2007-11-11 17:23:10
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answer #2
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answered by Tmess2 7
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Misdemeanor offenses are punishable by up to 1 year in jail whereas felony offenses are from 1 year to life. Misdemeanor offenses are typically thought to be lessor or non-violent offenses (ie Public Intoxication, Conversion, Tresspassing, Invasion of Privacy) while felony offenses are often more serious and/or violent offenses (ie Battery, Child Molestation, Driving While Intoxicated, Theft, etc.).
2007-11-11 16:51:49
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answer #3
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answered by siamsa_siamsa 5
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