Crimes in the United States are separated into three categories: infractions, misdemeanors, and felony convictions. The difference between a misdemeanor and a felony is the seriousness of the crime and incarceration length. Misdemeanor offenses typically include a prison sentence of a year or less. A felony may be longer than a year or even decades.
What are the Levels of Crimes?
A misdemeanor typically involves paying a fine and maybe a short prison sentence. Sometimes the sentence is suspended if the accused is a first-time offender. If you are underage, these will be considered confidential or sensitive information. Felonies are reserved for serious crimes and include a lifelong stigma with any prison sentence or fine. The United States divides its crime standards into three major categories. Depending on the state, each category may have a further breakdown of class or levels of seriousness. The significant differences between each type and class have to do with jail time and the fine size.
What is an Infraction?
Infractions are the least serious of criminal punishments available in the United States. They involve breaking a rule, local ordinance, or law. Being found responsible for an infraction typically consists of no jail time or permanent mark on your criminal record. Most people have to pay a fine that parallels the seriousness of the crime. If there is any jail time, it will most likely be under five days.
The best example of an infraction is a traffic ticket for running a stop sign or speeding. You can usually pay the penalty for an infraction by mail, online, or at a local courthouse without needing to contact criminal defense attorneys.
What is a Misdemeanor Conviction?
Misdemeanors are the next category up from infraction and tend to be nonviolent crimes. These involve the breaking of a law (like disorderly conduct), not just a rule or local ordinance. They usually carry a suggested sentence of jail time, but not for longer than a year. They also tend to have heavier fines to pay and are separated into categories in most states depending on jail time length.
- Class A – Misdemeanor offenses usually carries a six-month to a year sentence.
- Class B – Misdemeanor usually carries a thirty-day to six-month jail sentence.
- Class C – Misdemeanor usually carries a five-day to thirty-day jail sentence.
If incarceration is part of a misdemeanor, it will most likely occur in county jail instead of a state or federal prison. That could be good or bad depending on the location compared to your resources available (family, housing, jobs, etc.) for when you get out.
Does My Attitude Matter?
There is a lot of wiggle room for a judge and prosecuting attorney to seek leniency for a misdemeanor category. This is where your attorney client relationship will help. If the accused demonstrates honest remorse and a willingness to face responsibilities, they will most likely be treated kindly with something like probation. There is pressure to settle cases for lesser charges instead of going in front of the court. Misdemeanor crimes tend to be heard by judges and not by juries.
What is a Felony Conviction?
Unlike misdemeanors felony charges are reserved for more serious crimes in the United States. They almost always include prison time that lasts longer than a year and a hefty fine. A felony may also have the possibility of a life sentence or the death penalty for the highest crimes. Felonies get broken down in most states and at the federal law level into classes or levels. A felony typically will involve physical violence and are the most serious crimes. They include:
- Class A – Felony involves life imprisonment.
- Class B – Felony involves at least 25 years.
- Class C – Felony is between 10-25 years.
- Class D – Felony is between 5-10 years.
- Class E – Felony is between 1-5 years.
It is possible to plea bargain a felony, but the defendant will still have to go before a court a few times during the legal process. Jury trials are more common for felony cases than for misdemeanors. This is because a felony requires strict adherence to the criminal legal procedure, so all civil liberties are observed to their fullest extent.
Want an Example?
Let’s look at our traffic crime again. Say you’re driving down the road late for a meeting and you run a red light. A police officer witnesses you running the light and pulls you over. The officer writes you a ticket for running the light. You have the option of showing up to court to plead why you shouldn’t have to pay the ticket. That is known as an infraction.
Now, let’s increase our speed during our running of the red light. Suppose you’re going 20-30 miles per hour over the posted speed limit, especially in a business/residential zone. In that case, you’re probably guilty of a misdemeanor. A police officer may arrest you at the scene by handcuffing you and impounding your vehicle. You’ll be taken to either a holding station or county lockup for processing where you’ll receive a court date and notice of vehicle location. If a judge finds you guilty, you’ll probably have probation, pay a hefty fine, and be subject to losing your license for a specific period. You’ll also probably end up paying higher auto insurance rates.
What Else Happens?
Criminal speeding is typically not a felony in the United States unless it involves potential harm to others or their property. Suppose you run that same red light at high speed and smash into another vehicle causing the passengers harm. In that case, you will most likely be arrested for a felony. You’ll go straight to jail for processing and be held there until you can pay the bond, or a court deems you safe to be at your house while you wait for a court date. This crime’s penalties can be years in state prison, loss of license, payment of victim fees, and medical expenses.
The Effects of Criminal Convictions
The legal system is harsh, even for those without a misdemeanor and a felony. That’s why it’s important that you work with an experienced attorney who knows how the system works in your state and can help guide you through these difficult times.
A more serious crime can lead to loss of voting rights, loss of gun rights, deportation status changes and more. It may also affect custody decisions involving children during divorce proceedings or property settlement negotiations between spouses undergoing divorce proceedings.
Future Challenges & Jail Sentence
If you are convicted of a misdemeanor or felony crime, it’s important to remember that this is not a small matter. While the charge may be less severe than a felony, it still carries serious consequences that could affect your future. A misdemeanor can negatively impact things like:
- Job prospects
- Government benefits (student loans and housing assistance)
- Federal funding (grants or financial aid)
Where do I learn more?
There are numerous online resources for finding out more about the legal differences in statutes when convicted, like Nolo.org.
Get the Book
If you have been, or know a person convicted of a crime and are looking to get your life back on track, you should check out the book Getting Out: Success After Incarceration.
