Understanding the legal terms that apply to your situation is crucial, especially when facing criminal charges. At Harris and Literski, we're committed to providing you with the information you need to navigate these complex situations. In this blog, we’ll discuss the differences between felonies and misdemeanors—two classifications that can significantly impact your future.

What is a Felony?

A felony is considered a serious crime. These offenses typically result in severe consequences, including long-term imprisonment. Examples of felonies include murder, assault and battery, rape and other degrees of criminal sexual conduct, burglary, and other high-level illegal drug-related offenses.

Felonies are often classified by degrees, with first-degree felonies being the most serious and resulting in the harshest penalties. The legal process for felonies is extensive, often involving grand jury indictments and lengthy trials.

What is a Misdemeanor?

Misdemeanors are less severe crimes compared to felonies. They usually involve shorter jail sentences and smaller fines. Examples of misdemeanors include petty theft, simple assault, public intoxication, and a first or second DUI offense.

Misdemeanors are often categorized as Class A, B, or C, with Class A being the most serious. These charges typically lead to penalties like probation, community service, or jail time of less than a year.

Key Differences Between Felonies and Misdemeanors

The main distinction between a felony and a misdemeanor lies in the severity of the crime and the corresponding punishment. Felonies are more serious offenses that result in more significant harm or pose a greater threat to society, whereas misdemeanors, while still serious, are considered less dangerous.

Punishment and Sentencing

The consequences of a felony are far-reaching. Felony punishments can lead to long-term imprisonment, hefty fines, and long-lasting repercussions such as loss of voting rights and difficulty finding employment. In contrast, misdemeanor punishments typically result in shorter jail sentences, often less than a year, and might include probation, community service, and smaller fines.

Legal Procedures

The legal procedures for felonies and misdemeanors differ significantly. Felony cases often require a grand jury indictment and can go through a lengthy trial process. Felony defendants have the right to a jury trial and often face more complex legal battles.

On the other hand, misdemeanor cases are generally resolved more quickly. Defendants might not always have a jury trial, and the court proceedings are usually simpler and faster.

Consequences of Felony and Misdemeanor Convictions

Being convicted of a felony can have long-lasting effects on your life. Long-term prison sentences are common for felonies, and convicted felons often lose civil rights, such as the right to vote or possess firearms, and may face travel restrictions. Moreover, finding a job or securing housing can be challenging with a felony conviction on your record.

While less severe, misdemeanor convictions still carry significant consequences. Jail sentences for misdemeanors are typically shorter, often served in county jail, and many misdemeanor convictions result in probation instead of jail time. Misdemeanants generally retain their civil rights, although they may still face some employment and housing challenges.

Potential for Escalation

Certain situations can escalate a misdemeanor to a felony. This can happen if there are aggravating factors, such as repeat offenses or the severity of circumstances. For instance, multiple misdemeanor offenses can sometimes lead to felony charges, and if a misdemeanor involves significant harm or potential for harm, it can be reclassified as a felony. A common example of this would be DUI’s. The first two offenses are considered misdemeanors, three or more offenses are then considered felonies.

Plea Bargaining and Charge Reduction

As your criminal defense attorney, one of our key roles at Harris and Literski is to negotiate on your behalf. We work to reduce felony charges to misdemeanors when possible and, in some cases, get charges dismissed or lessened based on evidence or mitigating factors.

Legal Defenses and Representation

Navigating the criminal justice system without professional help can be daunting. Having a knowledgeable criminal defense attorney ensures that your rights are protected throughout the legal process and that you receive a robust defense strategy tailored to your case. Several defenses can be employed, depending on the specifics of your case, including self-defense, lack of intent, wrongful accusation, and insufficient evidence.

Steps to Take if Charged with a Crime

If you’re charged with a crime, it’s essential to stay calm, cooperate with law enforcement, and contact a criminal defense attorney immediately. Building a strong defense requires thorough preparation, so document all interactions and gather any relevant documents, and identify potential witnesses who can support your case. It’s crucial to know and exercise your rights, such as the right to remain silent and the right to legal representation.

Understanding the differences between felonies and misdemeanors is crucial for anyone facing criminal charges. The severity, legal procedures, and consequences vary significantly between these two classifications. At Harris and Literski, we are dedicated to providing expert legal defense to ensure your rights are protected and to achieve the best possible outcome for your case.

If you or a loved one are facing criminal charges, don’t hesitate to contact us. Our experienced team of criminal defense attorneys is here to help you navigate this challenging time. Ready to discuss your case? Contact Harris and Literski today for expert legal advice and representation.

Criminal Defense: Difference Between a Felony & Misdemeanor