What Is the Difference between a Felony and a Misdemeanor

Felonies are the most serious crimes a person can commit. For example, killing someone else is a felony. A person who has been convicted of a felony and sentenced to prison will spend more than a year in jail. For some crimes, such as murder, the person might be executed. Felony punishments are decided on a state-by-state basis. Someone who is convicted of a felony serves time in a state or federal prison. A convicted felon may have to register as an offender, and may also lose important rights, including some of the following:

- Serving on a jury or in the military
- Voting
- Becoming a teacher or a lawyer
- Owning a gun

Since being charged with a felony has such serious possible consequences, the courts try to protect the rights of an accused felon. There are additional procedures and rules to be followed, and the defendant has a right to a free, court-appointed attorney. The defendant might also have to appear in court while the case is being determined.

Definition of a Misdemeanor
A misdemeanor is a minor crime or infraction. One type of misdemeanor is called a petty offense. A person who commits a petty offense won't have any jail time, but may get a ticket or a fine. Petty offenses don't affect a person's rights.

If the crime is more serious, the fine gets larger, less than a year of jail time might be considered, and some rights might be restricted. The time can be served in a local, city, or county jail. The defendant might not have a right to a court-appointed attorney or a full trial. A defendant who wants a jury trial can request one, but might have to pay for it.

How are felonies and misdemeanors the same?
Some crimes are called "wobblers": that is, the crime could be prosecuted as a misdemeanor or as a felony. For example:

- Suppose someone is charged with a felony but is put on probation and completes probation successfully. The judge might reduce the felony to a misdemeanor.

- Suppose an individual is charged with two felonies and a misdemeanor. Many states have adopted "three strikes and you're out" laws. Laws vary from state to state, but if someone is convicted of a misdemeanor after being convicted of two felonies, the misdemeanor might be the third strike.

Find a Felony attorneys, misdemeanor, or defense attorney professional.