What Is The Difference Between a Misdemeanor and a Felony?

Posted by Neil Shouse | Jun 15, 2015 | 0 Comments

Every crime is classified as an infraction, misdemeanor or felony. How a crime is categorized is based on the penalties involved. If a crime is punishable by one year or less in jail, the crime is considered a misdemeanor. If the crime is punishable by a year or more in prison, it is considered a felony.

Felonies are the most serious category of crime, and are punishable by a minimum of one year or more in state prison. Some of the more violent offenses are classified as “strike felonies.” With these crimes, if a defendant is committed he could be facing life in prison.

Because the stakes are high with these crimes, the accused are entitled to a jury trial. It will be necessary for the prosecutor in this instance to prove that there is “probable cause” present or the case can be dismissed. Because the stakes are high with these offenses, it is important that the defendant is represented by an experienced California criminal lawyer.

Misdemeanors are considered serious crimes because of the potential of jail time. Being convicted of a misdemeanor means that you will be required to spend up to one year in jail for each count. If you are convicted of a misdemeanor, it will show up on your criminal record.

There is a third category of crimes, called infractions. Infractions are crimes that are punishable by a fine. A good example of this is a traffic ticket

In some states, California included, have crimes that can be considered either a misdemeanor or a felony. These crimes are called wobblers. The particular circumstances of the case will determine how it is classified.

Also, some crimes can be either a misdemeanor or a felony based on whether there are aggravating circumstances involved. For instance, possessing a small amount of marijuana under California law is a misdemeanor, but possession of a large amount of marijuana would be considered a felony. (Read our article on how hashish possession in California can be charged as either a misdemeanor or felony.)

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Free attorney consultations...

The attorneys at Shouse Law Group bring more than 100 years collective experience fighting for individuals. We're ready to fight for you. Call us 24 hours a day, 365 days a year at 855-LAW-FIRM for a free case evaluation.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

Call us 24/7 (855) 396-0370