Misdemeanor vs. Felony: What’s the Difference?
If you’ve been charged with a crime, one of the first things you’ll want to understand is whether it’s classified as a misdemeanor or a felony. The difference between these two types of charges can determine the potential penalties you face, the impact on your record, and even your future opportunities. Here’s what you need to know.
What Is a Misdemeanor?
A misdemeanor is a less serious criminal offense that typically carries lighter penalties. These offenses usually result in fines, community service, probation, or short jail sentences (typically less than one year).
Common Examples of Misdemeanors:
- Petty Theft (shoplifting small-value items)
- Simple Assault (causing minor injuries or threats of violence)
- Public Intoxication
- First-Offense DUI (in some states)
- Trespassing
- Disorderly Conduct
Penalties for Misdemeanors:
- Fines – Vary by state but can range from a few hundred to several thousand dollars.
- Jail Time – Typically less than one year, often served in a county jail.
- Probation – Instead of jail, you may be placed on supervised release.
- Criminal Record – A misdemeanor still shows up on background checks, but in many cases, it can be expunged or sealed.
What Is a Felony?
A felony is a more serious criminal offense that carries harsher penalties, including longer prison sentences and heavier fines. Felony convictions can have lifelong consequences, affecting employment, housing, and even voting rights.
Common Examples of Felonies:
- Murder or Manslaughter
- Armed Robbery
- Drug Trafficking
- Aggravated Assault (causing serious injury)
- Burglary (breaking and entering with intent to commit a crime)
- Sexual Assault
Penalties for Felonies:
- Prison Time – Over one year, often served in a state or federal prison. Some felonies carry life sentences or even the death penalty in certain states.
- Fines – Can range from thousands to hundreds of thousands of dollars.
- Loss of Rights – Convicted felons may lose the right to vote, own firearms, or hold certain professional licenses.
- Permanent Criminal Record – Felonies are harder to expunge and can impact job and housing opportunities.
Key Differences Between Misdemeanors and Felonies
| Factor | Misdemeanor | Felony |
|---|---|---|
| Severity | Less serious crimes | More serious crimes |
| Jail/Prison Time | Up to 1 year (county jail) | 1 year or more (state/federal prison) |
| Fines | Hundreds to a few thousand dollars | Thousands to hundreds of thousands of dollars |
| Probation | Common alternative to jail | Sometimes available, but often with prison time |
| Criminal Record | May be expunged | Harder to expunge, stays on record |
| Impact on Rights | Minimal impact on civil rights | May lose voting, firearm, and professional rights |
Can a Misdemeanor Be Upgraded to a Felony?
Yes, in some cases, a misdemeanor charge can be upgraded to a felony, depending on:
- Repeat Offenses – Multiple DUI convictions can turn into a felony.
- Severity of the Crime – If an assault causes serious injury, it may be classified as a felony.
- Use of Weapons – Crimes involving firearms or deadly weapons are often upgraded.
Why You Need a Lawyer—Even for a Misdemeanor
Even though misdemeanors carry lighter penalties than felonies, any criminal charge can have long-term consequences. A criminal defense attorney can help:
✅ Reduce or dismiss charges
✅ Negotiate plea deals
✅ Protect your rights in court
✅ Expunge or seal records
Final Thoughts
While misdemeanors and felonies differ in severity, both can have serious effects on your future. If you’re facing criminal charges, don’t leave your case to chance—speak with an experienced defense attorney who can help protect your rights and fight for the best outcome.
⚖️ Need legal help? Contact Bourlon and Davis P.A. today for a free consultation.