What’s the Difference? What Makes a Crime a Misdemeanor or a Felony?
You’re under investigation or have been arrested and charged with a felony or misdemeanor. What’s the difference between these two types of criminal offenses? What makes a crime a felony rather than a misdemeanor? How will your attorney’s defense strategy differ if you’re facing misdemeanor rather than felony charges?
How Are Crimes Classified?
Criminal violations are categorized based on the severity of the crime and potential for serious injury or loss. Most traffic violations and minor regulatory crimes are referred to as infractions. The most serious crimes are labeled felonies. And those crimes that fall in between are considered misdemeanors.
The classification of a criminal offense is based on the statute that identifies the crime. All criminal violations are set forth in statutes, which are written laws enacted by legislative bodies. Each statute states whether the offense is an infraction, misdemeanor, or felony.
What Is a Misdemeanor?
More serious than an infraction, but less serious than a felony, a misdemeanor typically carries a penalty of less than one year of incarceration. Other sanctions commonly given for misdemeanors include community service, minimal fines, and probation. Most states further break down misdemeanors into sub-categories. For example, Texas law allows a person to be charged with a Class A, Class B, or Class C misdemeanor. Class A misdemeanors are the most serious.
Penalties range from a maximum fine of $500 for a Class C misdemeanor up to $4,000 for a Class A misdemeanor. Most Class C misdemeanors do not carry any jail term, but conviction for a Class A misdemeanor may result in up to one year of incarceration.
What Is A Felony?
A felony is a more serious offense than a misdemeanor. A felony conviction comes with the possibility of incarceration for a period of time ranging from one year up to as much as life in prison. As with misdemeanors, most states categorize felonies based on severity of the crime committed.
What Makes a Criminal Offense a Felony or a Misdemeanor?
The statutory language determines how a particular crime is charged. For example, under the Texas law on assault, a person may be charged with either a misdemeanor or a felony, based on the specific circumstances of the case. A person may be charged with a Class A or Class C misdemeanor if the assault involves “bodily injury” or “offensive contact.” However, the charge may rise to felony assault if there’s evidence of “serious bodily injury,” defined as creating the risk of death, serious permanent disfigurement, or loss or impairment of the function of any body part or organ. The statute clearly defines what types of assault are misdemeanors and what types are felonies.
Certain types of crimes are almost always categorized at a particular level. For example, most homicide crimes are categorized as felonies. Other inherently violent crimes, such as sexual assault, robbery, and kidnapping, are also usually identified as felonies. On the other hand, many property crimes, such as vandalism or shoplifting, are typically prosecuted as misdemeanors when the value of the property falls below a certain amount.
Let Bailey & Galyen Protect Your Rights in Any Felony or Misdemeanor Prosecution
At the law offices of Bailey & Galyen, we have fought for the rights of criminal defendants in Texas and nationwide for decades. We have a comprehensive understanding of criminal law and procedure, and we know how to fully protect your constitutional rights. Contact us by email or call our offices to set up a free initial consultation with an experienced criminal defense attorney. Our phones are answered 24 hours a day, seven days a week.
