Stuck between misdemeanor and felony?
Many people confuse these two terms and think of them as the same due to a lack of knowledge. While in reality, both of them are two legal terms with different definitions, penalties, legal processes, and many other aspects. This article explains the terms in detail and shows their ultimate difference.
Let’s begin the discussion by explaining the definition at first:
Note that these terms are not widely used in Canada but in other countries such as the USA. We’ve discussed them in a later section in detail.
Types of Crimes
Depending on the seriousness of the crime, most state criminal codes in the United States categorize crimes into a number of different groups. Infractions, misdemeanors, and felonies are the three main categories. However, there could be various levels or classes within these categories.
The potential length of jail time nearly always determines the primary categories. To understand the differences, it’s critical to understand how the legal system handles a given case. The maximum allowable jail time for the crime is usually a good place to start when determining the difference between a misdemeanor and a felony.
What’s an Infraction?
Infractions are often the least serious kind of offence. A rule, ordinance, or statute is violated when it is committed as an infraction. Most jurisdictions do not serve jail time or keep a criminal record due to an infraction. Usually, there will be a fine to pay, but under federal law, an infraction is considered a misdemeanor punishable by up to five days in jail. A common example of an infraction is a traffic ticket, although other offences, including trespassing, littering, disturbing the peace, and other minor offences, can also fall under this category.
What’s a Misdemeanor?
A misdemeanor is a criminal crime that carries a potential jail sentence of less than one year under federal law and in most states. However, according to some state definitions, they are not felonies or infractions. Instead, Infractions are considered less serious than misdemeanors.
Misdemeanors are classified in the same way that infractions are. According to the federal sentence guidelines, the classes are typically separated based on the severity of the crime and the maximum prison sentence allowed for the crime.
If a misdemeanor is not assigned a letter grade in the section defining it, it is often categorized as follows:
- Class A misdemeanor – If the allowed maximum sentence is one year or less, but more than six months, it falls under category A.
- Class B misdemeanor – A maximum sentence of six months or less, but more than 30 (thirty) days fall under category B.
- Class C misdemeanor – If the maximum sentence allowed is 30 (thirty) days or less, but more than five days, it falls under category C.
Generally, local county jail houses inmates serving jail time rather than a maximum security prison. Besides, lawyers have a large amount of flexibility when it comes to selecting what kind of crimes to charge, how to penalize them, and what types of plea deals to pursue.
Some Common Misdemeanor Examples
- Driving while intoxicated (DUI)
- Any thievery from stores
- Domestic abuse
- 20 grams or less of marijuana in your possession
- Simple assault, with no severe injuries or use of deadly weapons
- Trespassing
- Vandalism—the destruction of property
What is a Felony?
A felony is considered the most serious kind of criminal offence.
However, based on the legal term, it is defined as a crime with a sentence of more than one year, with some states being less stringent in their definitions.
However, there is a huge debate regarding the specific definition of the term.
For instance, in some states, it is defined as “a crime punishable by death, lifetime imprisonment, or imprisonment for more than 12 months.”
While in another state, it is defined as “a crime punishable by death or imprisonment in the State jail.”
That is, the definition of the felony charge tends to vary from one state to another state.
Federal law classifies felonies using sentencing guidelines based on the sentence’s length and the location where the punishment will be served.
This includes the following:
- Class A felony – Lifetime imprisonment or the death penalty
- Class B felony – 25 (Twenty-five) years or more prison sentence
- Class C felony – Less than 25 (twenty-five years) but at least more than 10 (ten) years of imprisonment
- Class D felony – Less than 10 (ten) years but at least over 5 (five) years of a prison sentence
- Class E felony – Less than 5 (five) years but at least more than one year of jail term.
However, to ensure that the punishment is appropriate to the seriousness of the offence, felonies can also be punished in a variety of ways, if required.
Some Common Felony Examples
Criminal offences classified as felonies typically carry a heavy social stigma and thus include:
- Homicide or murder
- Sexual assault
- Kidnapping
- Carjacking
- Robbery
- Tax evasion
- Repeated DUI/DWI convictions
- Threatening a police officer
- Perjury
- Mail fraudulent
- Parole violation
- Copyright infringement
Learn: Classification of Offences in Canada and the United States
Misdemeanor vs Felony: What’s the Difference Between Them?
A crime might be either a misdemeanor or a felony, depending on how serious the offence is. Both are two different things in terms of the law.
Let’s know the difference between them in detail below:
Length of Jail Sentence
In the case of misdemeanors, the penalties are less severe than those for felonies. Typical punishments for misdemeanors include probation, community service, fines, and/or less than a year in jail.
On the other hand, committing a felony can involve a serving period of at least one year in jail. And sometimes, the length can range from a decade to a lifetime of imprisonment, based on the seriousness of your crime.
Effects on Civil Rights
Misdemeanors are the less severe crimes, while felonies are the serious crimes. A misdemeanor will have no impact on any of the civil rights.
On the other hand, the felony charge on record will have a drastic impact. Such as you will practically lose everything, starting from your right to vote, second amendment rights, participation in elections, serving on juries, holding public office, etc.
Legal Process
Misdemeanors and felonies have different legal processes. So, there is no way you can apply one’s rule to another.
For instance, with a misdemeanor, you will appear in court to answer but will not have to face a jury. On the contrary, in the case of a felony, you will be required to attend an indictment or preliminary hearing before potentially going before a jury.
Will There Be Any Effect of the Criminal Convictions in My Life?
Of course, there will. Whether small or big, every kind of criminal conviction can have a long-lasting effect, especially if you are above the age of 18 years.
And, not to mention, both misdemeanor and felonies are considered crimes in the eyes of the law. And anyone conducting this crime will be punished for this act based on the severity of the crime and their state’s rules.
However, one crucial point to note is that after the age of 18, anyone convicted of a crime, whether a misdemeanor or a felony, will have a permanent mark against their record. And having a criminal record can have a great impact on many different aspects of life, including work opportunities and growth.
Read more, Self Defense Weapons Canada
Does Canada Have Felonies and Misdemeanors? If Not, What are They Called?
In Canada, there are no such things as felonies and misdemeanors. Instead, all around the nation, the same punishments are offered.
However, the Canadian Criminal Code has three broadly identical kinds of offences. They are:
1. Indictable Offence
An indictable offence is the most serious offence with a severe punishment under the Criminal Code of Canada. Here, the defendant can choose a preliminary investigation and a jury trial for all indictable crimes (except for some absolute jurisdiction offences).
Some examples of indictable offences include murder, manslaughter, robbery, extortion, drug trafficking, and other major offences.
The longest possible penalty under Canadian law is a mandatory life sentence without the possibility of release for 25 years for first-degree murder.
The maximum punishment for crimes like robbery is life imprisonment. However, this punishment is rarely given. Mandatory minimum sentences also apply to indictable offences, such as armed robbery (minimum five-year jail term if convicted).
2. Summary Offence
An offence that can be decided without a jury or indictment is referred to as a summary offence. It is also known as a summary conviction offence. A common example of a summary offence is simple assault.
Compared to its equivalent (an indictable offence), it is a “less serious” offence sanctioned by several laws, norms, and sentence standards. The maximum sentence for summary offences is six months in prison.
3. Hybrid Offence
When an offence is a combination of both indictable and summary crime and can be ideally categorized under anyone is known to be a hybrid offence. Assault, bodily harm, and criminal harassment are a few instances of super summary offences.
They are on the list of the most committed offence. When the charge is a hybrid, the decision-making power rests with the Crown. They can decide whether to continue with an indictment or a summary.
Many hybrid offences fall under the category of “super-summary,” which carries a maximum penalty of 18 months.
To Conclude
Both felonies and misdemeanors are serious criminal offences. Depending on the criminal statute, a crime is classified as a felony or a misdemeanor.
So, to avoid getting into problems, it is crucial for people to remain conscious and abide by the rules and regulations of their state. And in case of difficulties, you must take legal help from an experienced lawyer as soon as possible.
From doing all the paperwork to making you understand every legal proceeding and even fighting in court—they can be your true saviours in this most challenging phase of your life.
FAQs
Check out the below queries people tend to have the most confusion about:
What is the lowest class felony?
The lowest class felonies fall into the Class I category. Such as, this happens when someone threatens to perform a crime that would put lives in danger or cause severe physical harm or property damage. However, a person can also use intimation and body language to convey a 'threat.'
What is a felony in Canada?
There is no such thing as a misdemeanor or felony in Canada. Instead, there are indictable or summary offences. A summary offence in Canada is comparable to a misdemeanor in the United States, whereas an indictable violation is comparable to a felony.
What is the most common felony?
Some common types of felony offences include drug abuse crimes, theft, sexual assault, child pornography, arson, etc. The penalty for this crime depends on the severity of the offence.
Do misdemeanors go on your record in Canada?
Canada doesn't consider a person's level of misdemeanor conviction when deciding whether to grant immigration privileges to them or not.
