Felony vs. Misdemeanor
In general a felony is a much more serious charge (and subsequent conviction) than a misdemeanor. Felonies typically carry punishments of at least one year in prison and up to (and including) the death penalty in some states. In practice felons often spend less than a year in jail; it is not unheard of for a felon to either have a suspended prison sentence or be offered rehab instead of incarceration.
Classifications of Misdemeanor and
Felonies
Classifications for misdemeanors and felonies vary by state.
Misdemeanors are often referred to as classes. Most states that use
classes designate Class A misdemeanors as the most serious with
Class B, C, D or E as less serious offenses with lower maximum
punishments. Other states, such as California, make no distinction
between misdemeanor classes.
Felony classifications follow a similar classification system in
most states. These are often letters, with A being the most serious,
or a number system with a First Class Felony being the most serious.
California is once again non-traditional in this regard; California
designates crimes by categories, which include White Collar, Drug,
Sex, Violent and Serious Felonies.
More Serious Consequences for
Felonies
Not only are the legal ramifications greater for felonies (longer
incarceration, longer probation/parole, larger fines, etc.), but
felons lose a lot of other privileges that misdemeanants don't. Each
state has its own limitation on felons. In many places felons cannot
vote (commonly referred to as felony disenfranchisement), own guns
or ammunition, serve on a jury or be eligible for government
assistance.
Most felons report that the worst consequence of their convictions
is the ability to find gainful employment. For the most part working
for large companies is out of the question because they perform
extensive background checks prior to making a hiring decision. The
ease of finding criminal information online, however, is leading to
more small companies running background checks. With bleak job
prospects and no government assistance (including in many areas no
access to public housing projects), the financial outlook for a
felon is usually not good. The banks realize this and usually deny
felons access to credit; in some cases felons are denied even basic
services such as the ability to setup checking or savings
accounts.
There are some obvious reasons for allowing employers to
discriminate against felons; a sexual offender should not be working
in a day care. Often, however, the felony is completely unrelated to
the position applied for. It could be the result of a rebellious
childhood episode, or in some cases, a wrongful conviction. If a
felon (who happens to live in a state that permits felony
expungement,) has committed one of a narrowly defined set of
offenses that is expungable and does not have any other charges
(misdemeanor or felony), they have a chance for a fresh start.
If not, they are essentially serving a life sentence.
Charged with a Felony, Convicted of
a Misdemeanor
It is possible that somebody who is charged with a felony is
ultimately convicted of a misdemeanor. This usually happens when a
plea deal is reached between the prosecution and defense.
"Overcharging" is the practice of charging somebody with more
charges than a prosecutor ultimately thinks they will be convicted
of. This gives the prosecution leverage in negotiating a plea
bargain, which allows the prosecutor to avoid an expensive trial. A
savvy attorney should be able to advise his or her client on when
the prosecutor might be flexible on dropping felony charges to a
misdemeanor.
Reducing a Felony Conviction to a
Misdemeanor
Even if you have been convicted of a felony, in some cases you can
later have the felony reduced to a misdemeanor charge. In California
you must have been charged with a "wobbler," or a crime that can be
charged either as a felony or a misdemeanor. You must have
successfully completed all court ordered requirements including
incarceration, probation or parole, applicable fines, etc.
It is important to have the best attorney that you can afford every
step of the way. If you have just been charged, for instance, a good
attorney can help you figure out whether the charges will be
eligible for a reduction to misdemeanor.
Expungement Might be an Option
If you or somebody you know has been charged with a misdemeanor or
felony, it is important to know the difference between two. In some
states, for instance, misdemeanors can be expunged (erased) and
felonies may not. Other states may allow felonies and misdemeanors
to be expunged as long as they do not involve violence or sex
crimes.
Doing research online is a great way to get started but you should
always discuss the specific details of your case with an attorney
who understands state and local laws in your area.
- Felony laws by state
- List of felony crimes
- Classes of felonies
- To face felony charges
- Jobs for convicted felons
- Employment for felons
- Felony 2
- Class 5 Felony
- Felony Class D
- Read real felony stories
- Felony DUI
- Felony Gun Laws
- Can I get a job with a felony on my record?
- What makes robbery a felony?
- Is theft a felony?
- Is grand theft auto a felony?
- Can I obtain a passport with a felony?
- Felony Murder Rule
- Hiring a felon
- Felony vs. Misdemeanor
- Can felons get financial aid?
- Difference between bail and bond
- Failure to Appear Warrants
- Violation of Probation
- Texas Gun Law
- Nolle Prosequi
- Felony Lawyers
- Search free arrest warrants
- Is a DUI a felony?
- Misdemeanor Guide
- Expungement Guide
- State Laws
- List of Felonies