What Is a Misdemeanor? What Is a Felony? What Are the Potential Consequences of Both?
In the American criminal justice system, most crimes are identified as either misdemeanors or felonies. What are the differences between a misdemeanor and a felony? Can you be charged with a misdemeanor and a felony for the same offense? What factors can transform a misdemeanor to a felony?
What Is a Misdemeanor?
Misdemeanors are less serious offenses, primarily limited to nonviolent crimes or minor property damage. Penalties for a misdemeanor conviction are typically a relatively low fine or incarceration for no more than one year. Most sentences for misdemeanors are served in a local jail, rather than a prison or penitentiary. A misdemeanor conviction can, however, affect your ability to get a job or live in a particular place.
Familiar examples of misdemeanors include the following:
- Minor or petty theft, including shoplifting
- Simple assault
- Disorderly conduct
- Traffic violations
- Public drunkenness
- Minor drug offenses
What Is a Felony?
A felony is a more serious offense, often involving one or more of the following factors:
- Some degree of violence, e.g., the use of weapons or force
- Commission of a crime considered particularly heinous by ordinary citizens
- A crime involving a substantial amount of money or monetary value
Penalties for conviction on felony charges typically include incarceration for more than one year, usually in a prison or penitentiary. Depending on the severity of the crime, and whether the perpetrator has prior offenses, the term of imprisonment may be for decades or even life. In states that allow capital punishment, a person may be executed for conviction of certain felonies.
Other potential sanctions in a felony prosecution include:
- Substantial fines
- Loss of voting rights
- Ineligibility for jury duty
- Loss of professional licenses
- Limitations on employment and housing opportunities
Can You Be Charged With a Misdemeanor and Felony for the Same Offense?
Yes. This practice is commonly referred to as charge stacking. It allows prosecutors to seek maximum penalties for a particular crime without risking an acquittal if evidence of the more serious charge is problematic.
What Factors Can Elevate a Misdemeanor to a Felony?
Often, the presence of certain aggravating factors can turn a misdemeanor into a potential felony. Common aggravating factors include:
- Intending or actually causing serious bodily harm
- Prior convictions for the same offense
- Use of a weapon during commission of the crime
- The presence of minors when the crime was committed
- Any behavior that signifies a “wanton disrespect” for the value of human life
Contact The Loftin Firm for Aggressive Defense in a Criminal Prosecution
Good results don’t just happen. They’re the product of experience, skill, knowledge, and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter century, attorney Trey Loftin has represented countless people in Texas criminal proceedings. Trey Loftin is Board Certified in Criminal Law by the Texas Board of Legal Specialization.
As an experienced criminal defense attorney and former judge, he has a comprehensive knowledge and understanding of Texas criminal law and procedure. He can quickly determine whether it’s in your best interests to seek a plea bargain or take your case to trial. He will take the steps necessary to ensure that your constitutional rights are protected.
Contact The Loftin Firm online or call attorney Loftin at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
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