(Newswire.net — July 20, 2020) — Crimes are classified differently and are, in most cases, categorized based on the degree of seriousness. The two categories are felony and misdemeanor. It is critical to understand the difference between felony and misdemeanor charges. Understanding the terms, desirable punishments for each, and conditions of a plea agreement is crucial to determine the classification.
Felony is a severe offense that carries long sentences in prison. The cases also carry hefty fines or can lead to permanent loss of freedom. Felony offenses can affect the rest of your life, unlike misdemeanor.
A misdemeanor can result in small jail term sentences, lower fines, or temporary legal punishments. Both types are classified into degrees according to the seriousness of every kind of offense, ranging from the third to the first degree. The categorization consists of the length of incarceration, the type of imprisonment, and the long-term consequences for each.
Misdemeanor Offenses
There are minimum sentences or incarceration and a fine when convicted of a misdemeanor. The cases are classified into degrees, and the first degrees offenses are the most serious. There are ungraded offenses which are treated as third-degree while the first degrees are the most serious, and if convicted, you will serve a five-year prison and a fine. This is where a criminal defense lawyer comes in to help you plead the case or even get a shorter jail term.
Misdemeanor charges are carried out simultaneously, and the sentences can run consecutively. Meaning, when one sentence ends, another begins. Such multiple misdemeanor cases equate to too many years in jail so that some misdemeanor cases can be punishable, also, depending on the degree of the offense.
Such cases are mostly served in a local or county jail. The process of a misdemeanor case is like any other trial, and a defendant has a right to an attorney. If the defendant cannot afford an attorney, they can decide to represent themselves.
Jury trials depend on the type of misdemeanor, and it is usually a smaller jury of six members. First-degree misdemeanor cases are petty theft, carrying a gun without a permit, or unauthorized use of a vehicle. Second degrees include obstructing official business, abuse of a corpse, and unlawful transaction in weapons.
Third degrees are illegal cultivation of marijuana, an unlawful gun permit, while fourth degrees are selling contaminated food, disturbing the peace, and unlawful meeting. Simultaneously, there are minor charges like public gaming, failure to aid an officer, and disorderly conduct.
Felony Offenses
Felonies are the most severe type of offenses and are also classified by degrees. The first-degree felony crimes are the most serious, while the third degree crimes are less critical. When one is prosecuted for a felony offense, they need to obtain an indictment from a guard jury.
Felonies have substantial punishments, including fines and prison sentences above one year, which can lead to death. Felony inmates serve their sentences in a state or federal institution known as a prison or penitentiary. They can also be transferred to various prisons to accommodate the conventional systems in which they are serving.
The inmates are entitled to a trial by jury, and the court needs to provide the accused with an attorney if they can’t afford one. Some felony offenses also include smaller juries. Some severe crimes have more alternate jurors if one of the primary jurors has challenges attending to the court or disqualified.
Felony’s first-degree offenses are murder, rape, arson, and kidnapping; second-degree crimes are aggravated assault, felony assault, manslaughter, and child molestation; third-degree crimes are elder abuse, DUI, and fraud; while fourth degrees include involuntary manslaughter, burglary, theft, and resisting arrest.
Other Considerations
If you are facing criminal charges, whether felony or misdemeanor, it is crucial to seek guidance from an experienced criminal defense lawyer. The expert will be able to build a strong defense case to protect your rights.