Misdemeanor vs Felony

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The two main classifications of crimes are Misdemeanor and Felony. Both offenses are serious crimes, but we can acknowledge misdemeanor as a lesser serious crime. It is in line with the consequences of these crimes. A misdemeanor crime is punishable by a prison sentence of less than a year, and fines of lesser amounts get imposed. Also, there is a criminal record in criminal situations, arrest records, imposing penalties, and prison sentences.

Transcript of Misdemeanor vs Felony

Page 1: Misdemeanor vs Felony

At GetLegal, our mission is simple, but far-reaching—tobecome the “go-to” destination for information about the

law and legal services.

Page 2: Misdemeanor vs Felony

MISDEMEANORvs

FELONY

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The two main classifications of crimes are Misdemeanor and Felony. Both offenses are serious crimes, but we can

acknowledge misdemeanor as a lesser serious crime. It is in line with the consequences of these crimes. A

misdemeanor crime is punishable by a prison sentence of less than a year, and fines of lesser amounts get imposed.

Also, there is a criminal record in criminal situations, arrest records, imposing penalties, and prison sentences.

We divide the misdemeanor charges into three categories. These categories define the crime level—the punishable

by a prison sentence, community work, and even fines or rehabilitation.

MISDEMEANOR

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Drunk Driving

Petty Theft / Shoplifting

Minor Assault

Drunk driving is a part of Drinking under Influence (DUI) or Driving While Intoxication (DWI). Drinking alcohol beyond the

limit as per the law can land a person with a misdemeanor charge.

Stealing from the shops/ retail stores lands a person with a misdemeanor charge. The theft differs from burglary and

armed robbery, which form a part of a felony and are many serious crimes.

A small street fight. Neighbors getting into a fight are some examples of a minor assault. It has no use of primary

weapons in such disputes. However, in verbal abuse, conflicts are relevant in a minor assault resulting in a

misdemeanor charge.

SOME PREVALENT CRIMES UNDERMISDEMEANOR ARE:

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Trespassing

Resisting Arrest

Cyber Crimes

Vandalism

Trespassing is a serious crime if a person is present on a property uninvited and has no relevant explanation. They

considered it a serious offense because of the growing number of trespassers kidnapping kids and using other properties

such as swimming pools and lawns.

If a person is guilty and needs to be in custody, he/ she cannot resist arrest. In such a situation, a misdemeanor charge gets

pressed on the defendant because of resistance to arrest.

A growing concern is cyber crimes, which is a relatively more recent crime. It included stalking, Online bullying, luring young

boys and girls / other citizens into a scam on a smaller level involving less money. Samples get booked under misdemeanor

charges.

Spray painting on cars, public and private walls, streets, lampposts, carving initials in public spaces as park trees, benches, or

even destroying one's property on purpose comes under the crime vandalism. Vandalism of such nature is a misdemeanor

charge and punishable by fines or even prison.

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Class A

Class B &

Class C

There are three types of Misdemeanor charges. They vary from state to state however the most common ones are as

below:

Class A Misdemeanor charges

Class A charges under misdemeanor charges are less severe than Felony. Hence the punishment may involve a jail term of

a maximum of one year but not less than six months. And or a penalty charge of up to $5000. Fist fighting, letting a dog

prone to biting, off-leash, possession of a small quantity of drugs, trespassing, etc.

The law states ‘gross misdemeanor’ as one of the most severe misdemeanor crimes. It means taking a child to a location

where illegal drugs get consumed, prevalent, stored, or even prepared.

THE CONSTITUTION CLASSIFIESMISDEMEANOR CHARGES AS BELOW:

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Class B Misdemeanor charges

Class B misdemeanor charges result in a prison sentence for six months, but not less than a month. The fine imposed is up

to $2000. Some standard class B misdemeanor charges include minor shoplifting, theft, trespassing,& vandalism.

Class C Misdemeanor charges.

Class C misdemeanor charges may include Prison time of not over three months in jail and a fine of $1000. The other

punishments include rehabilitation, community services, and foster care. The common crimes are damaging properties,

resisting arrest, misbehavior in public places, destruction of public homes and properties like water pipes, gardens,

vehicles, benches, etc.

The separation of a misdemeanor from felony charges gets accepted across many states in the US. In case there is a

misuse of the felony law, and you have gotten charged wrongly, you must complain. A Felony or misdemeanor lawyer can

provide you the correct guidance and save on prison time. In case of damages, the attorney must make sure the defendant

must get paid accurate compensation.

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Felony charges are serious crimes where the victim has fatal physical harm. It also states that the

consequences of a felony may have higher damages to properties, public, government offices, etc.

On the same lines when compared to Misdemeanor, felony as a crime has severe imprisonment and fine

charges levied on the defendant. Also, fighting felony litigation may take more time in court as they give

rise to complicated procedures and witnesses.

FELONY

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Murder

Manslaughter

Rape

Kidnapping

Burglary/ armed robbery

SOME COMMON CRIMES OF FELONY

Extortion

Child Pornography

Arson

Embezzlement

Larceny

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Violent Felony

Non Violent Felony

When there is severe damage to a property, physical assault to a victim is called a violent felony. There

should be an intent to commit the crime of violence.

In a non Violent Felony, there can be severe charges such as a white-collar crime, illegal smuggling,

larceny, or tax crime.

FELONIES ARE FURTHER CLASSIFIED INTOTWO TYPES:

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Class A - Lifetime imprisonment or Death Penalty

Class B- Twenty Fives year or more Prison

Class C- Less than 25 but more than 10 Years in Prison

Class D- Less than 10 years but more than 5 Years in Prison

Class E- More than One year but less than 5 Years in Prison

DIFFERENT CLASSES OF FELONY

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First Degree- $20,000 or more

Second Degree- $15,000 to $20,000

Third Degree- $10,000 to $15,000

Fourth Degree- $5,000 to $10,000

A federal crime or a financial fraud felony like banks, embezzlement, credit card fraud, Healthcare

fraud, the fines can reach up to 250,000 up to millions of dollars.

FINES UNDER A FELONY CHARGE