subject: The Thin Line Between Misdemeanor Felony [print this page] Many people know that there"s a difference between a misdemeanor and a felony, but most don"t know specifically what this difference is. Not only is there a difference in crime, but the law treats each offense differently. To make this more confusing, some crimes are both misdemeanors and felonies - or they seem to be, at least. Lastly, the law is not the same from state to state. What"s a misdemeanor in one state may be a felony in another.
At the core of the issue is this distinction: there"s a difference in both penalty and imprisonment when it comes to misdemeanors and felonies. This can get tricky. The difference isn"t if someone convicted of a misdemeanor or felony has to be punished for a certain length of time, but instead if they can be punished for a certain length of time. The type of prison the convicted person will go into is a factor, too.
In a state that has the death penalty, any crime that is punishable by death is considered a felony. In other states, like Rhode Island and New York, a crime is considered a felony if it"s punishable by at least one year of jail time. Still in other states, like Wisconsin and Arizona, a crime is a felony if it"s punishable by imprisonment in either a penitentiary or state prison. Typically, a misdemeanor is punishable for one year or less in either a county or local jail or in prison.
Certain states, like California, refer to some crimes as "wobblers." This means that the crime can be either considered a misdemeanor or a felony, dependent on the specifics surrounding the crime. Also, a wobbler may be considered a felony but then eventually reduced to a misdemeanor by the court.
Across the board, many crimes can be considered either a misdemeanor or a felony, based on if there"s an aggravating portion to the crime. For example, punching someone is often considered a misdemeanor. However, punching them with brass knuckles is often considered a felony. For another example, possession of marijuana is often considered a misdemeanor while possession of a large volume of the drug is often considered a felony.
Misdemeanors and felonies are often confused with infractions, when it actuality an infraction is an entirely different offense. States have behaviors that are considered infractions, which means that they"re in violation of the law. However, an infraction is not a misdemeanor or a felony, since it"s punishable only by a fine, not jail time. Many traffic violations are infractions.
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