Misdemeanor vs. Felony: What’s the Difference?

The legal system classifies criminal offenses into categories like “infraction,” “misdemeanor,” and “felony.” While all involve breaking the law, they differ in severity, penalties, and long-term consequences. Understanding these terms is essential.

A misdemeanor is a criminal offense that is more serious than an infraction but less severe than a felony. These are generally considered “lesser” crimes, though the consequences can still be significant. State laws define what constitutes a misdemeanor, but they typically involve actions that cause minor harm or disruption.

Misdemeanors cover a broad range of offenses that many people may not realize are criminal. Some common examples include:

• Petty theft (shoplifting items of low value)
• Simple assault
• Disorderly conduct
• Trespassing
• Vandalism
• First-offense DUI (Driving Under the Influence)
• Public intoxication

The penalties for a misdemeanor conviction are designed to be less harsh than those for felonies. However, they can still have a substantial impact on your life. Punishment typically includes:

• Fines: These can range from a few hundred to several thousand dollars.
• Jail Time: Sentences are usually served in a local or county jail, not a state prison. The maximum sentence for a misdemeanor is typically up to one year.
• Probation: A judge may sentence an individual to a period of supervised or unsupervised probation, requiring them to meet certain conditions.
• Community Service: Courts often order offenders to complete a set number of hours of unpaid work for a community organization.

Even though misdemeanors are less severe than felonies, a conviction will still appear on your criminal record and can affect employment or housing opportunities.

Felonies are the most serious types of crimes in the United-States’ legal system. These offenses involve significant harm, violence, or large-scale illegal activity. A felony conviction carries severe penalties and can permanently alter the course of an individual’s life.

Felonies encompass a wide range of grave offenses. Examples include:

• Murder
• Manslaughter
• Rape
• Kidnapping
• Arson
• Robbery and burglary
• Aggravated assault
• Grand theft (theft of high-value items)
• Drug trafficking

The consequences of a felony conviction are far more severe than for other offenses. Penalties often involve:

• Prison Time: A felony sentence is served in a state or federal prison and typically lasts for more than one year. Some felonies can result in a life sentence or even the death penalty.
• Substantial Fines: Fines for felonies can run into the tens or hundreds of thousands of dollars.
• Lengthy Probation or Parole: After release from prison, individuals are often subject to a long period of supervised release.

Beyond the direct legal penalties, a felony conviction has lasting collateral consequences. Convicted felons often lose certain civil rights, such as the right to vote, serve on a jury, or own a firearm. It can also create significant barriers to finding employment, securing housing, and obtaining professional licenses, which is why it’s important to have legal representation, like those criminal defense lawyers in St. George.

Infractions, sometimes called petty offenses or violations, are the least serious type of legal offense. They are violations of a rule, ordinance, or law that are not considered criminal in nature. The key difference is that an infraction is not punishable by jail time.

Most people have encountered an infraction at some point. The most common examples relate to traffic laws:

• Speeding tickets
• Illegal parking
• Running a stop sign
• Jaywalking
• Littering
• Noise violations

The sole penalty for an infraction is typically a fine. You cannot be arrested for an infraction, and it does not result in a criminal record. If you receive a ticket for an infraction, you generally have the option to pay the fine or contest it in court. Failure to pay the fine can lead to more serious consequences, such as a license suspension or a warrant for your arrest, but the original offense itself is not criminal.

To make the differences clear, here is a summary of the key distinctions between infractions, misdemeanors, and felonies.

Understanding the classification of an offense is the first step in dealing with a legal issue. The consequences of a charge can range from a simple fine to life-altering penalties. Each category—infraction, misdemeanor, and felony—carries its own set of rules, procedures, and potential outcomes.

YOU MAY ALSO LIKE: Navigating the Legal Labyrinth: Why Your East Tennessee Case Needs a Specialist, Not Just a Lawyer