Monday, March 19, 2018

Criminal Law Basics: Differentiating Misdemeanor and Felony

Criminal offenses can be classified as a misdemeanor or felony. For the layman, the line between misdemeanor and felony can be blurred. However, these two terms differ when it comes to the procedure, penalty, and length of imprisonment.

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Misdemeanor means "minor wrongdoing." When a person is charged with crimes such as petty theft, prostitution, public intoxication, assault, and reckless driving, they can be fined. For some cases, the jail time can last up to a year at a local or county jail. However, regarding the severity of the situation, a misdemeanor can become a felony with the recommendation of a District Attorney.

On the other hand, a felony pertains to the most serious types of crime. Homicide, sexual assault, arson, murder, and embezzlement can be considered a "high crime." Unlike misdemeanors or “petty offenses,” an individual charged with a felony will be jailed at a state or federal correctional institution. The accused has a right to get an attorney and has to undergo a jury trial. When proven guilty, a person is subject to a prison term for more than a year according to the context and severity of the crime. In some states, the convicted criminals may be subject to the death penalty.

A misdemeanor will appear on a person's criminal file which might affect employment or academic opportunities. As for a felony, a convicted criminal after serving jail time will no longer be authorized to purchase firearms or take on careers in law, education, or the military.

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Joe Tacopina is the founder and Managing Partner of Tacopina & Seigel and the President, Chairman, and Board Member of Venezia. Visit this website for more information about Mr. Tacopina.