...Felony Versus Misdemeanor How is crime defined and punishable under the law? Crime is defined by Merriam-Webster dictionary as an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law (Merriam-Webster, n.d.). Under the law, there are two chief categorizations of crimes. The first is categorization is a felony. Felony crime is the worst class of crime and is punishable by a death sentence or a prison term. Some examples of felony crimes are kidnapping, arson, murder, and robbery (americanbar.org, n.d.). The second categorization of crime is known as a misdemeanor and carries a less severe punishment. Some examples of misdemeanors are resisting arrest, public intoxication, and simple battery. On the other hand, the same offense may be either a felony or a misdemeanor depending on the degree of the offense. One example is driving under the influence of drugs or alcohol. The first or even the second offense is generally a misdemeanor. Subsequently after a determined amount of prior convictions for driving while under the influence, the next violation may be prosecuted as a felony offense (ameicanbar.org, n.d.). Another distinction between felonies and misdemeanor is the sentencing that is handed down. Most states, as well as, the federal government class a felony as all crimes that carry a mandatory sentence of one or more years. On the other hand, a misdemeanor...
Words: 815 - Pages: 4
...The Difference between a felony and misdemeanor Laura Macella AIU Online The Difference between a felony and misdemeanor Abstract In this paper it will be discussed the differences between a felony and a misdemeanor. There will be examples of real life situations and memo discussing to a client the differences between the two. It will be discussed to the client that was charged with breach of peace about the crime she committed, her concerns about prison and the death sentences, and the punishments that she will possibly face if she is convicted. There are two divisions that a crime can fall under. When a crime is committed, the crime can fall either under a misdemeanor or a felony charge. Misdemeanors are usually small, petty crimes that one commits which are usually punishable by a fine, short jail sentence usually less than 1 year, or community service. When talking about a felony they are much more serious crimes, which will carry a severe sentence of more than a year in jail or even a death sentence. According to Money Matters 101, a misdemeanor is a less criminal act in many common law systems (moneymatters101.com). A misdemeanor are generally less severe crimes that are committed and are usually punished with fines, community service, a less than 12 months in jail. Misdemeanors usually don’t result in the loss of civil rights, but if you are convicted of a misdemeanor, you might find it difficult to obtain a professional license or public employment (moneymatters101...
Words: 1682 - Pages: 7
...RE: Why is John L. Long charged with a Misdemeanor instead of a Felony for his Charge of Theft By Deception stealing the $1,500.00 down payment from Japheth Abraham, Jr. for Patio renovation he signed a contract on July 14, 2017 but didn't show up to do the work. Dear Honorable Solicitor General Loggins, I appreciate your telephone call today, Friday April 13, 2018, to explain why my case or the court's case against John L. Long is only a Misdemeanor and not a Felony. I couldn't be more disappointed and insulted the officials that reviewed the documents I submitted believes my lost is only the $1,500.00 he stole by check when I've gone to great lengths investing time and money to provide clearly beyond a shadow of a doubt that John L. Long did commit this crime. This additional expense to me would...
Words: 1147 - Pages: 5
...Though misdemeanors and felonies vary by jurisdiction, most areas define a misdemeanor as a crime punishable by less than a year of prison time. A felony charge, on the other hand, is often reserved for more serious offenses and is punishable by imprisonment of a year or more. Can I Refuse to Answer Questions? If you are asked to visit the police station for questioning, you can refuse. However, if there is probable cause in your case, the police may obtain an arrest warrant. As such, hiring a competent criminal defense attorney is strongly advised to avoid escalating the situation. Is There a Difference Between Parole and Probation? Although they are similar, parole and probation are two different things. When someone is paroled, they are released from custody under supervision before the completion of their sentence...
Words: 413 - Pages: 2
...disturb others. Breach of the peace is usually handled as a misdemeanor, and sometimes the individual that is causing the disturbance will only be given a caution, asking that he or she stop the action in the respect of maintaining community order. The basic fundamentals between a felony offense and misdemeanor has to do with the punishment and how long prison sentence will be. The separating line between felonies and misdemeanors is not if somebody is convicted of a specific crime must be disciplined with a particular amount of time in jail or prison, however if such individual can be disciplined for a certain amount of time or sent to a particular sort of jail or prison. In states that support capital punishment (death penalty), the crimes deserving of death are felony offenses. In some states, a felony offense is assuming that it is deserving of more than a year in prison. In different states felony offense in the event that it is deserving of a detainment in a state correctional facility. A misdemeanor is usually an criminal offense that is sentenced for less then a year in a state, local, or county correctional facility. Some states have elective felony and misdemeanor criminal acts, otherwise called wobblers. This is a crime that can be charged as a felony or a misdemeanor offense but it depends upon the circumstances. They can also be brought up on charges as a felony offense but lowered to a misdemeanor by court as per a statute. Traffic violations are the...
Words: 610 - Pages: 3
...Felony Crimes A felony is considered a serious crime. Most states and the federal government classify a crime that's punishable by more than one year in prison as a felony. Some states consider a felony as any crime that's punishable by any length of time in prison. A felony that's punishable by death is considered a capital crime. There are many different crimes that are considered felonies in most states. Some common felonies include: * Murder * Rape * Burglary * Kidnapping * Arson * Robbery Misdemeanor Crimes A misdemeanor is considered a less serious crime. Most states and the federal government classify a crime that's punishable by less than one year in prison as a misdemeanor. Some states consider a misdemeanor as any crime that's punishable only by fine or a small length of time in jail. If a misdemeanor is considered a very minor offense, such as jaywalking, the crime may be classified as a petty offense. There's a wide variety of crimes that are considered misdemeanors in most states. Some common misdemeanors include: * Public intoxication * Trespassing * Speeding * Prostitution * Vandalism * Use of a false ID Whether a crime is considered a felony or a misdemeanor will many times depend on any aggravating factors. These are factors that make a crime more serious. For example, the theft of a very inexpensive item from a store may be considered a misdemeanor. However, the theft of multiple items that are worth thousands...
Words: 555 - Pages: 3
...The Singh Memo William Bower CRJS 205 26 Aug 2015 Abstract Crimes are classified in two main groups. Felonies, and Misdemeanors. Although both are a crime, and both have some serious implications, the consequences for felonies usually linger far beyond arrest and sentencing, and are often referred to as an “Invisible Sentence”. Introduction Crimes are broken down into felonies (serious offenses) and misdemeanors (lesser minor offenses), and while both may carry incarceration and fines, they also carry additional consequences that go beyond what most people know happens. While we strive to be a “more perfect nation” as the Constitution so eloquently describes America, we also have placed incredible burdens on our populace who has strayed from the path. Felonies and Misdemeanors When asked “what is the difference between a felony and a misdemeanor?” The probably most answered reply is “A felony is a crime in which the maximum sentence is punishable by more than a year in prison, a misdemeanor is a crime which the maximum punishment is up to a year in a jail.” While perfectly true, and factual, the consequences of both felonies and misdemeanors, are a little more encompassing. According to Black’s Law Dictionary a felony, at its simplest, is defined as “Generally an offense punishable by death or imprisonment in penitentiary” (Black, 1968). In most jurisdictions that definition is expanded to something that may read “a crime that carries a maximum...
Words: 1856 - Pages: 8
...Misdemeanors: Misdemeanors are going to deal with fewer crimes. A few examples are minor thefts, certain traffic offenses (like DUI or driving on a suspended license), and many minor drug offenses. Dealing with misdemeanors you will either be hit with a fine or jail time that is usually less than a year. In addition, dealing with misdemeanors depending on the charges if you have multiple charges they can be structured to run consecutively (rather than concurrently) meaning that when one sentence ends the next one begins. In that way, multiple misdemeanor charges can equate to years in jail. With the jail term, you may receive from the misdemeanor it will either be local or county jail. A defendant does have a right to an attorney, and one is appointed if the defendant cannot afford one, or the defendant can choose to represent himself, though that is highly unrecommended and the court will likely try to change the defendant's mind. Jury trials can be available, depending upon the type of misdemeanor alleged, though it is often a smaller jury (frequently just 6 members) as opposed to the familiar 12-member jury. Felonies: Felonies are definitely the most serious types of crimes these types of crimes will definitely land you in prison for either years or life. Examples of felonies include murder, aggravated or grand theft, rape, etc. If convicted of a felony, an inmate will most likely serve their sentence in a state or federal correctional institution, more commonly referred...
Words: 464 - Pages: 2
...which include the following: felonies, misdemeanors, treason and espionage, inchoate offenses and offenses. With each category I will also talk about the history of that crime, the rank in terms of seriousness, the consequences of getting caught and how the crime is tried in court. We all know that there are different categories of crime, but I think its safe to say the people that comment crime all fall under one category. The first crime that we are going to talk about is one that many are familiar with and that is felonies. A felony is a criminal offense for which a convicted person can be sentenced to serve one or more years in a state or federal prison, pay fines or both. A felony is generally considered to be a crime of high seriousness, while a misdemeanor is not. A felony may be punishable with imprisonment for one or more years or death in the case of the most serious felonies, such as murder. “Trial judge instructed the jury that a person who commits a felony is automatically liable for any death” (What is Felony Murder, 1996) All felonies remain considered a serious crime, but concerns of proportionality have in modern times prompted legislatures to require or permit the imposition of less serious punishments, ranging from lesser terms of imprisonment to the substitution of a jail sentence or even the suspension of all incarceration contingent upon a defendant's successful completion of probation. The consequences of being convicted of a felony vary but here are some examples...
Words: 1250 - Pages: 5
...In America there are five categories of crime. They are felonies, misdemeanors, offenses, treason and espionage and inchoate offenses. The first on that I am going to discuss is a felony. A felony is a crime punishable by imprisonment for more than twelve months. A person can also get life I prison or lethal injection for a felony. A felony can also be grouped as violent or non violent offenses. The rank of seriousness differs in many states. In New York State, the felonies are ranked in classes such as E, D, C, B, AI and AII. AI is the most severe. Other states rank numerically such as capital, life, 1st degree, 2nd degree and so on. A felony includes offenses as terrorism, treason, arson, kidnapping, burglary, robbery, rape, and murder. If a person gets convicted of any of these offenses they could receive up to 25 years imprisonment of life imprisonment. The second crime is a misdemeanor. A misdemeanor is a lesser criminal act than a felony and is usually punished by paying a fine. The imprisonment for a misdemeanor may include offenses such as drug possession, petty theft and simple assault. The state government and the federal government classify misdemeanors into different classifications, Class 1, Class 2, Class 3, and Class 4 according to the seriousness of the crime. A misdemeanor is tried different in court than a felony. A misdemeanor crime doesn’t get the same legal opportunities as people convicted of a felony. They are usually tried by a small jury of six instead...
Words: 1024 - Pages: 5
...be imposed for the commission of such acts. (The Free Dictionary by Farlex) Civil law is defined as the body of laws of a state or nation dealing with the rights of private citizens. (The Free Dictionary by Farlex) In an attempt to explain the difference, you must first understand criminal law. Criminal laws are substantive and divided into categories of misdemeanors and felonies. The primary difference between misdemeanor and felony is the distinct punishments and issues regarding severity. In general, a misdemeanor is a violation of a meager crime. Misdemeanors typically do not involve violent actions or crimes that cause great harm to a society. Common forms of misdemeanors include: resisting arrest, simple battery, shoplifting, public intoxication, and in some states possession and use of marijuana. In contrast, a felony is a serious crime, such as rape, murder, kidnapping, grand theft auto, or assault with a deadly weapon. Convicted felons will undoubtedly face jail time. The Federal Government states that a felony is any act that carries a minimum one-year prison sentence (Difference Between a Misdemeanor and Felony). In criminal law and with criminal court the prosecution is always the state or body of government. A major difference between criminal and civil is the punishments. In a criminal court if you are found guilty, the punishments are incarceration and/or punitive damages. In contrast, there is never incarceration in civil law. In civil court In a civil...
Words: 756 - Pages: 4
...a law in your state that no longer makes sense. (In Baltimore it is illegal to take a lion to a movie theater). Provide a definition for Felony and misdemeanor for your State. What is the legal level of intoxication when driving in your State; also include the number of vehicle deaths related to drinking for 2011. Review at least 3 other students posts. * Cars are the only item allowed in a garage. * In California, a frog that dies during a frog –jumping contest can’t be eaten later. * A law created in 1925 makes it illegal to wiggle while dancing. * Detonating a nuclear device within the city limits results in a $500 fine. * In San Francisco, Persons classified as “ugly” may not walk down any street. Felony: California felonies are charges and convictions that can result in probation and jail time. At times a felony can be punishable by a prison sentence of sixteen months or up to life in prison. Unlike other states, California classifies its felonies into named categories: White Collar, Drug, Sex, and Violent and Serious Felonies. Misdemeanor: Standard California misdemeanors are offenses that are punishable by a maximum six-month county jail sentence and a maximum $1,000 fine. However, certain misdemeanor offenses specify a harsher penalty. There are sometimes called "gross misdemeanors" or "aggravated misdemeanors." When this is the case, the county jail sentence may increase to a maximum of one year…and the fine may also increase Legal level of intoxication...
Words: 384 - Pages: 2
...Wisconsin. There are many combinations of convictions that can change a fine or sentencing because of the many variations, you will see that Wisconsin does have a good combination of both. Felony Classes and Misdemeanors There are nine classes of felonies and three classes of misdemeanors listed below (Salm, 2003): Class A felony, life imprisonment Class B felony, imprisonment not to exceed 60 years Class C felony, a fine not to exceed $100,000 of imprisonment not to exceed 40 years, or both. Class D felony, a fine not to exceed $100,000 of imprisonment not to exceed 25 years, or both. Class E felony, a fine not to exceed $50,000 of imprisonment not to exceed 15 years, or both. Class F felony, a fine not to exceed $25,000 of imprisonment not to exceed 12 years and 6 months, or both. Class G felony, a fine not to exceed $25,000 of imprisonment not to exceed 10 years, or both. Class H felony, a fine not to exceed $10,000 of imprisonment not to exceed 6 years, or both. Class I felony, a fine not to exceed $100,000 of imprisonment not to exceed 3 years and 6 months, or both. Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both. Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both. Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both. OWI Laws “Drunk Driving” is really not that the person is just being drunk but driving or operating a motor vehicle...
Words: 1323 - Pages: 6
...Misdemeanor Crimes Jeffry A. Tatsch Ogeechee Technical College Intro to Criminal Justice / CRJU 1010 September 7, 2012 Thomas Safrin Misdemeanors Misdemeanors are offenses less serious than felonies and usually punishable by incarceration of no more than one year, probation, or intermediate sanctions. Approximately ninety percent of all criminal cases fall into the category of misdemeanors. These include public drunkenness, shoplifting, prostitution, disturbing the peace and traffic violations. The lower courts where speed is essential handle misdemeanors, also known as the “garbage of the system”. Defendants are encouraged to plead guilty quickly, thus trials are rare, processes are informal and fines, probation or short jail sentences are the results. Similarities and Dissimilarities of Misdemeanors There is no universal rule among the states to determine what constitutes a misdemeanor and what constitutes a felony. Generally, crimes that are punishable by incarceration of one year or less are misdemeanors, and crimes punishable by incarceration of more than one year are felonies. Beyond the maximum period of incarceration, whether a crime is a felony or a misdemeanor is significant because it will have a bearing on criminal procedures and constitutional rights. The office of Williamson County, state of Texas is responsible for the prosecution of all misdemeanor cases that are filed in Williamson County. “Misdemeanor” is defined in the law as any crime...
Words: 783 - Pages: 4
...Week 7 Erica Clayton Spring 2015 Belhaven University Week 7 Hospital-based doctors include specialists such as a pathologist, radiologist, and anesthesiologists. Each one of these specialties is reliant on their position at the hospitals where they receive referrals from other specialist and physicians. Also, hospitals regularly perform various services for these specialties. Consecutively, hospitals depend on the hospitals based doctors because they provide essential services to the hospitals. Some hospitals have the cut-rate payment for hospital-based physicians, and some are requiring payment from doctors to reimburse hospital of the payments that performed for the services rendered. Medicare regularly pays for the services of the hospital based doctors in various ways. In some instances, Medicare pays physicians directly for the services provided. For an example, when a pathologist performs laboratory services for the hospital inpatients which has Medicare part A, some part of the Medicare's prospective payment amount to the hospital is for pathology service that provided. Technical and professional components are paid separately from the hospital-based physicians. There are federal statutes that involved criminal prosecutions under the fraud and abuse laws. There was a doctor named Greber. He ran a laboratory service that provided Holter monitors that were ordered by cardiologists. Greber's business matched the monitors to the patients that collected...
Words: 654 - Pages: 3
