Most criminal offenses are charged as either felonies or misdemeanors. These two categories are different in several ways — for instance, felony offenses carry harsher penalties that could even include a life sentence while misdemeanor offenses carry lesser penalties. In general, felony offenses are more severe crimes compared to misdemeanor offenses. This blog will help you understand how felonies and misdemeanors are different.
What is a Felony?
A felony is a criminal offense that is punishable by imprisonment for more than one year. The prosecution of felonies in California is handled by the district attorney in the county where the crime was committed. If the district attorney decides to pursue charges, the case will be presented to a grand jury, which will determine whether there is enough evidence to indict the defendant. If the grand jury decides to indict, the case will proceed to a trial.
Felony Degrees in California
There are five different felony degrees in California. The degree of the felony is determined by the facts and circumstances of the crime, as well as the criminal history of the offender. The five degrees of felonies are a first-degree felony, a second-degree felony, a third-degree felony, a fourth-degree felony, and a fifth-degree felony.
- First-degree felonies — These are the most serious felonies in California. They are punishable by a prison sentence of 25 years to life, a fine of up to $10,000, or both. Examples of first-degree felonies include murder, robbery, and rape.
- Second-degree felony — these offenses are punishable by a prison sentence of 2 to 20 years, a fine of up to $10,000, or both. Examples of second-degree felonies include manslaughter, kidnapping, and arson.
- Third-degree felony — these felonies are punishable by a prison sentence of 3 to 5 years, a fine of up to $10,000, or both. Examples of third-degree felonies include burglary, assault, and drug trafficking.
- Fourth-degree felony — these felonies are punishable by a prison sentence of up to 18 months, a fine of up to $5,000, or both. Examples of fourth-degree felonies include fraud and forgery.
- Fifth-degree felony — these felonies are punishable by a prison sentence of up to one year, a fine of up to $1,000, or both. Examples of fifth-degree felonies include theft and vandalism.
Federal Felonies
Federal felonies are the most serious type of crime that a person can be charged with within the United States. They are typically punishable by a prison sentence of more than one year, and can often result in a prison sentence of 20 years or more. Federal felonies can also be punishable by death.
Categories for Federal Felonies
Federal felonies are classified as follows:
- Class A — Class A felonies are the most serious type of felony offense. They typically involve violent crimes, such as murder, rape, and armed robbery.
- Class B — Class B felonies are less serious than Class A felonies, but are still considered to be very serious offenses. They typically involve crimes such as drug trafficking and burglary.
- Class C — Class C felonies are less serious than Class B felonies but are still considered to be serious offenses. They typically involve crimes such as fraud and embezzlement.
- Class D — Class D felonies are the least serious type of felony offense. They typically involve crimes such as petty theft and vandalism.
- Class E — A class E felony is a felony that is ranked as the lowest level of crime in federal Law. A class E felony is punishable by a maximum sentence of four years in prison.
The Three Strikes Felonies in California
The three strikes felonies in California are serious crimes that can lead to a prison sentence of 25 years to life. The three strikes law was enacted in 1994 and is intended to keep habitual offenders off the streets and deter people from committing serious crimes. The law applies to three types of felonies: violent felonies, serious felonies, and certain felonies that are considered to be “wobblers” (crimes that can be charged as either a felony or a misdemeanor). A person who is convicted of a third strike felony will receive a mandatory 25-year-to-life prison sentence.
What is a Misdemeanor?
A misdemeanor offense is a minor criminal offense that is punishable by a fine or imprisonment of up to one year. Misdemeanor offenses are considered less serious than felonies which is why they carry a shorter jail term.
Misdemeanor Degrees in California
There are three different misdemeanor degrees in California. Note that the degree of the misdemeanor is determined by the facts and circumstances of the crime, as well as the criminal history of the offender. The three degrees of a misdemeanor are:
- First-degree misdemeanor — these misdemeanors are punishable by a jail sentence of up to 6 months, a fine of up to $1,000, or both. Examples of first-degree misdemeanors include domestic violence and DUI.
- Second-degree misdemeanor — these misdemeanors are punishable by a jail sentence of up to 3 months, a fine of up to $500, or both. Examples of second-degree misdemeanors include trespassing and petty theft.
- Third-degree misdemeanor — these misdemeanors are punishable by a jail sentence of up to 30 days, a fine of up to $250, or both. Examples of third-degree misdemeanors include loitering and disorderly conduct.
Wobbler Offenses
A wobbler is a crime that can be charged and prosecuted as either a misdemeanor or a felony. The decision of whether to charge the offense as a misdemeanor or a felony rests with the prosecutor.
Wobblers can be either “straight” or “aggravated.” A straight wobbler is a crime that is punishable as either a misdemeanor or a felony. An aggravated wobbler is a crime that is punishable as a misdemeanor or a felony, but the felony penalties are enhanced. Some examples of wobblers include:
- Assault & Battery
- Burglary
- Criminal Threats
- Domestic Violence
- DUI
- Lewd Acts with a Child
- Manslaughter
- Resisting Arrest
- Robbery
- Stalking
- Vehicular Manslaughter
What is an Infraction?
An infraction is a minor violation of the law that is punishable by a fine or citation but not by jail time. There are three categories of infractions in California: moving violations, nonmoving violations, and parking violations. Moving violations are offenses that involve the operation of a vehicle, such as speeding or running a red light. Nonmoving violations are offenses that do not involve the operation of a vehicle, such as littering or jaywalking. Parking violations are offenses that involve the parking of a vehicle, such as parking in a handicapped spot or parking in a no-parking zone.
What is the difference between a Felony and a Misdemeanor?
There are differences between a felony and a misdemeanor conviction. For example:
- The punishment for a misdemeanor can be a fine of up to $1,000 and a jail sentence of up to one year while the punishment for a felony can be a fine of up to $10,000 and/or a prison sentence of more than one year.
- If the misdemeanor is your first offense, you may be able to get probation instead of jail time. However, getting felony probation can be complex although If the felony is your first offense, you may be able to get probation after serving a specific percentage of your sentencing. Note that not all felonies are eligible for probation.
- If convicted of a misdemeanor, you may be able to get a pardon while If convicted of a felony, you may not be able to get a pardon.
- If convicted of a misdemeanor, you may be able to get your charges dismissed. If convicted of a felony, you may be able to get your charges dismissed but the process is longer.
- Both felony and misdemeanor convictions can be expunged, but the process is different for each. A felony conviction can be expunged by having your record sealed, which means that it will not be accessible to the public. A misdemeanor conviction can be expunged by having the court order the record to be destroyed.
- A felony conviction is sealed in California by filing a petition with the court. A misdemeanor conviction is sealed by the court automatically sealing the record after the completion of the sentence.
- Misdemeanors are typically charged by the state in which you live while felonies can be charged by either the state or the federal government.
- The maximum amount of time between a trial and sentencing is six months while the maximum amount of time between a trial and sentencing is two years.
- The maximum amount of time between an arrest and trial for a misdemeanor is one year while the maximum amount of time between an arrest and trial for a felony is three years.
Other differences include:
- A felony is a more serious crime than a misdemeanor
- A felony conviction can result in a prison sentence, while a misdemeanor conviction typically only results in a county jail sentence
- A felony conviction can lead to the loss of certain civil rights, such as the right to vote or own a firearm
- A felony conviction can also lead to a loss of certain professional licenses
- A felony conviction will generally stay on your criminal record for life, while a misdemeanor conviction will typically only stay on your record for 7-10 years
- A felony conviction can make it difficult to find employment, housing, or obtain loans
- A felony conviction can lead to an increased sentence for future crimes
- A felony conviction can result in deportation for non-citizens
- A felony conviction can make it difficult to obtain a passport
- A felony conviction can impact your personal and professional reputation negatively
Felony vs. Misdemeanor Examples
Misdemeanor
Some of the common offenses charged as misdemeanors include:
- Trespassing
- Public intoxication
- Possession of a small amount of marijuana
- Reckless driving
- Vandalism
Felony
- Murder
- Rape
- Arson
- Robbery
- Burglary
- Assault with a deadly weapon
- Possession of a large amount of marijuana
- Manufacturing drugs
Punishment for Felonies vs. Misdemeanors
The major difference between misdemeanor and felony charges is that misdemeanor charges are typically less serious than felony charges, and are often handled less formally. For example, a misdemeanor charge may be handled in a lower court, such as a Municipal Court, rather than a higher court, such as a Superior Court.
Misdemeanor charges are also typically less serious than felony charges and are often punishable by a fine and/or a shorter jail sentence. For example, a misdemeanor charge of trespassing may be punishable by a fine of up to $1,000 and/or up to six months in jail, while a felony charge of burglary may be punishable by a fine of up to $10,000 and/or up to five years in prison.
What are the Effects of Felony and Misdemeanor Convictions?
There are several effects that both a felony and misdemeanor conviction has on a person’s future/life. These effects include:
- Misdemeanor and felony convictions can make it difficult for a person to find employment
- A person with a criminal record may be ineligible for certain types of housing
- A person with a criminal record may be ineligible for certain types of financial aid
- A person with a criminal record may be ineligible for certain types of government benefits
- A person with a criminal record may be ineligible to vote in some elections
- A person with a criminal record may be ineligible to serve on a jury
- A person with a criminal record may be ineligible to possess a firearm
- A person with a criminal record may be subject to increased penalties if convicted of another crime
- Some offenses may require an offender to register as a sex offender
- A person with a criminal record may be deported if they are not a U.S. citizen
Factors Used to Determine whether a Crime Should be Charged as a Felony or Misdemeanor
There are several factors that the court looks at before determining whether to charge an offense as a misdemeanor or felony. These factors include:
- The seriousness of the crime
- The criminal history of the defendant
- The defendant's age
- The victim's age
- The impact of the crime on the victim
- Whether there was the use of weapons during the commission of the crime
- The number of victims involved
- The amount of injury caused
- The premeditation involved and whether the offense was gang-related
- The jurisdiction in which the crime was committed
FAQs
Does felony classification affect sentencing?
Federal classification of felonies does affect sentencing in some ways. For example, federal law has different penalties for different types of felonies. The most serious federal felonies are classified as Class A, and they can be punishable by up to life in prison.
What are some differences between state and federal felonies?
Some differences between state and federal felonies include:
- The amount of jail time — A federal felony has a potential jail sentence that is almost always longer than a state felony.
- The types of crimes — Federal felonies are usually crimes that cross state lines, such as drug trafficking, whereas state felonies are usually more localized, such as burglary.
- The process — The federal felony process is usually more complicated and takes longer than the state felony process.
When Is a misdemeanor upgraded to a felony?
Misdemeanors are upgraded to felonies under certain circumstances. For example, if the misdemeanor is related to a serious crime, such as murder, rape, or armed robbery, it may be upgraded to a felony. Additionally, if you are charged with a misdemeanor charge of trespassing and you are found to have a weapon, the charge may be upgraded to a felony charge of armed trespass.
When is a felony charge reduced to a misdemeanor?
Some ways that a felony charge may be reduced to a misdemeanor include pleading guilty to a lesser charge, completing a rehabilitative program, or providing evidence that supports a lighter sentence. For example, if you are charged with a felony charge of burglary and the prosecutor can prove that you did not break into the home with the intent to commit a crime, the offense may be reduced and charged as a misdemeanor.
What are some of the misdemeanor facts in California?
- Misdemeanor charges in California are typically less serious than felony charges.
- Misdemeanor charges can sometimes be upgraded to felonies, depending on the circumstances of the case.
- Misdemeanor charges can result in jail time, but typically not more than one year.
- Misdemeanor charges can also result in fines, probation, and other penalties.
- Misdemeanor charges are typically handled in California's Superior Courts.
What are the common felony facts?
- A felony charge is a more serious charge than a misdemeanor charge and can result in harsher penalties if convicted.
- A felony charge can be filed against an individual for various reasons, including but not limited to crimes such as murder, rape, robbery, and burglary.
- If an individual is convicted of a felony, they may face a prison sentence, fines, and/or other consequences such as the loss of their right to vote or own a firearm.
Find a Criminal Defense Attorney Near Me
Regardless of the charges you are facing, it is important to have an experienced criminal defense attorney on your side. Our criminal defense attorneys at Leah Legal can help you navigate the criminal justice system, and protect your rights. Call us today at 818-484-1100 for a free initial consultation if you are in Van Nuys.