The Difference between a Misdemeanor and a Felony

Being convicted of a crime comes with a range of consequences. The more severe the crime, the tougher the punishment. When facing a charge, it’s important to know the difference between misdemeanors and felonies and what it means for you. 

If you’re ever charged with a crime, seek legal help immediately; it’s crucial to have a criminal defense lawyer on your side. Our team at Avera and Smith can help. Working locally in Gainesville, Florida, we’ll investigate every avenue of your criminal defense and build the strongest possible case, standing with you every step of the way. 

Read on to learn the differences between a felony and misdemeanor and discover some of the associated charges. 

What is a Misdemeanor?

A misdemeanor is a criminal charge that carries potential jail time of less than a year. There are two main classes of a misdemeanor, which are classified based on their maximum jail time: 

• First Degree: Carrying a jail or probation sentence of up to one year, and up to a $1,000 fine.
• Second Degree: Carrying a jail or probation sentence of up to 60 days, and up to a $500 fine. 

In Florida, misdemeanors typically do not have a preliminary hearing. Instead, the defendant (the person charged with the crime) is sentenced before a judge without a jury trial. Nearly all those who commit misdemeanors serve their sentences in local county jails. There are also no lifelong restrictions with misdemeanors.  

Misdemeanor Charges

There are several types of misdemeanor charges, including petty theft, shoplifting, vandalism, battery and domestic violence. Misdemeanors can also involve alcohol and drugs, such as driving under the influence of alcohol or possessing less than 20 grams of marijuana. However, if a defendant is charged with driving under the influence of alcohol while children or minors are in the vehicle, it may be considered a felony. 

What is a Felony? 

The most serious type of crime, a felony, is defined by the federal government (and most states) as punishable by a jail sentence of more than one year. There are several classifications of felonies, as follows: 

• Capital Felony: Punishable by life in prison without the possibility of parole, or the death penalty in states with this form of punishment. 
• Life Felony: Punishable by up to 40 years imprisonment or life in prison, and a fine of up to $15,000. 
• First Degree: Punishable by a maximum of 30 years imprisonment, and a fine of up to $10,000. 
• Second Degree: Punishable by a maximum of 15 years in prison, and a fine of up to $10,000. 
• Third Degree: Punishable by up to five years in prison and a fine of up to $5,000. 

*Note that first, second or third degree felonies may also be required to pay restitution to the victim(s). Jail time for nearly all felonies is served in a state prison.

Felony Charges

While each state may classify crimes differently, felonies can include physical assault and/or battery (with or without a weapon), homicide, kidnapping, robbery, grand theft, drug or human trafficking, and sexual crimes.

Have Questions? We’re Here for You

If you are ever charged with a crime, seek legal help immediately. Criminal defense lawyers like our team at Avera and Smith will help you navigate the legal system. Our criminal law lawyers are well trained in all types of criminal law, and in some cases, we may be able to help lessen a charge from a felony to a misdemeanor, though this depends on any number of elements within your individual case. From start to finish we’ll listen and work for you, standing by your side every step of the way.