Felony vs. Misdemeanor — What's the Difference?
Edited by Tayyaba Rehman — By Fiza Rafique — Updated on May 15, 2024
A felony is a serious crime typically punishable by imprisonment for more than one year or by death, whereas a misdemeanor is a less severe crime usually punishable by less than one year in jail.
Difference Between Felony and Misdemeanor
Table of Contents
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Key Differences
A felony represents a higher category of offense and includes crimes like murder, rape, and burglary, which are considered more severe due to their nature or consequences. Whereas misdemeanors are lesser offenses such as petty theft, minor assault, or first-time drunk driving, characterized by their lower potential harm to society.
Felonies often result in more significant legal penalties, including longer prison terms, larger fines, and more substantial long-term impacts on a person's civil liberties. In contrast, misdemeanors usually lead to shorter jail sentences, smaller fines, and shorter-term impacts on civil rights.
The legal process for felonies involves more complex procedures, including preliminary hearings, grand juries (in some jurisdictions), and more formal arraignment processes. On the other hand, misdemeanor charges typically result in a simpler legal process, sometimes resolved in lower courts or through less formal proceedings.
The social and legal repercussions of a felony conviction are far-reaching, affecting voting rights, employment opportunities, and the ability to possess firearms. While misdemeanor convictions can also impact these areas, the effects are generally less severe and carry fewer long-term consequences.
Felonies can be downgraded to misdemeanors under certain conditions, such as through plea bargains or demonstrating mitigating circumstances. Conversely, misdemeanors can escalate to felonies if accompanied by aggravating factors, such as repeat offenses or severe harm caused.
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Comparison Chart
Definition
Serious crime punishable by death or imprisonment for more than one year
Lesser crime punishable by less than one year in jail
Examples
Murder, rape, armed robbery
Petty theft, simple assault, public intoxication
Legal Penalties
Long-term imprisonment, larger fines
Short-term jail, smaller fines
Legal Process
Preliminary hearings, possible grand jury
Less formal court proceedings
Impact on Civil Rights
Significant (e.g., voting, firearm possession)
Less severe but still impactful
Compare with Definitions
Felony
Requires a formal trial and may involve a jury.
Felony cases often go to trial with a full jury to ensure a fair deliberation of serious charges.
Misdemeanor
Lesser impact on civil rights.
Individuals with misdemeanor records typically retain most civil rights, though employment impacts can still occur.
Felony
Often associated with violent or highly damaging crimes.
Crimes like murder and kidnapping fall under felonies because they pose severe threats to individual and public safety.
Misdemeanor
A less severe crime typically punishable by fines or jail time of less than one year.
Vandalism can result in misdemeanor charges if the property damage is minor.
Felony
A serious criminal offense punishable by imprisonment for more than one year or by death.
Armed robbery is considered a felony due to its violent nature and potential harm.
Misdemeanor
Generally non-violent and involving less moral turpitude.
Trespassing or minor in possession of alcohol are common misdemeanors.
Felony
Can lead to significant restrictions on civil liberties.
Felony convictions often result in the loss of the right to vote or own firearms.
Misdemeanor
Less likely to influence long-term public records significantly.
Some misdemeanors can be expunged from records, reducing long-term consequences.
Felony
Eligible for parole only after serving a significant portion of the sentence.
A person convicted of a felony may be eligible for parole only after several years depending on the jurisdiction.
Misdemeanor
Often processed more quickly in the legal system.
Many misdemeanors are resolved with plea deals or in specialized courts like traffic court.
Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors.
Misdemeanor
A misdemeanor (American English, spelled misdemeanour in British English) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences.
Felony
One of several serious crimes, such as murder, rape, or robbery, punishable by a more stringent sentence than that given for a misdemeanor.
Misdemeanor
A misdeed.
Felony
Any of several crimes in early English law that were punishable by forfeiture of land or goods and by capital or other serious punishment.
Misdemeanor
(Law) A criminal offense that is less serious than a felony and generally punishable by a fine, a jail term of up to a year, or both.
Felony
A serious criminal offense, which, under United States federal law, is punishable by imprisonment for a term exceeding one year or by death.
Misdemeanor
(legal) A crime usually punishable upon conviction by a small fine or by a short term of imprisonment. In the USA, misdemeanants usually are incarcerated in county jail for less than one year, but felons usually are incarcerated in state or federal prison for more than one year. Crimes which are punishable by large fines or by longer imprisonment are sometimes called felonies.
Felony
An act on the part of the vassal which cost him his fee by forfeiture.
Misdemeanor
Any act of misbehavior.
Felony
An offense which occasions a total forfeiture either lands or goods, or both, at the common law, and to which capital or other punishment may be added, according to the degree of guilt.
Misdemeanor
Ill behavior; evil conduct; fault.
Felony
A serious crime (such as murder or arson)
Misdemeanor
A crime less than a felony.
Misdemeanor
A crime less serious than a felony
Common Curiosities
How does a felony affect one's life?
A felony conviction can lead to significant long-term impacts, including loss of employment opportunities, inability to possess firearms, and restrictions on voting rights.
Can a misdemeanor become a felony?
Yes, a misdemeanor can escalate to a felony if there are aggravating circumstances, such as repeated offenses or causing significant harm.
What are some common misdemeanors?
Common misdemeanors include petty theft, simple assault, and first-time DUI offenses.
What is the main difference between a felony and a misdemeanor?
The main difference is the severity of the crime and the corresponding punishment, with felonies being more serious and carrying heavier penalties.
What rights are lost with a felony conviction?
Felony convictions can lead to loss of voting rights, firearm possession rights, and eligibility for certain public benefits.
Are felonies always punishable by time in state or federal prisons?
Typically, felonies result in longer sentences served in state or federal prisons, as opposed to local jails used for misdemeanors.
How are felonies tried differently from misdemeanors?
Felonies undergo a more rigorous legal process, often involving grand juries and formal trials, unlike the simpler process for misdemeanors.
What are the financial penalties for felonies compared to misdemeanors?
Felonies often carry higher fines and restitution costs compared to misdemeanors, reflecting the greater severity of the offenses.
How does a misdemeanor affect future job prospects?
While less severe than felonies, misdemeanors can still negatively impact job applications, especially if the offenses are relevant to the job duties.
Can you be charged with both a felony and a misdemeanor at the same time?
Yes, individuals can face charges for multiple offenses of different severities based on their actions during a single incident.
Can felonies ever be reduced to misdemeanors?
In some cases, through plea bargaining or demonstrating mitigating factors, felonies can be reduced to misdemeanors.
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Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
Edited by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
