The Difference Between Misdemeanors and Felonies: What You Need to Know

misdemeanors felonies

When a person is arrested for committing an unlawful act, the severity of the offense will likely determine whether they will be charged with a misdemeanor or a felony. A felony is considered a significantly more serious crime than a misdemeanor and often involves extended incarceration periods and stricter penalties. Generally, nonviolent offenses are categorized as misdemeanors, while more grave crimes, such as homicide, are classified as felonies. However, various factors are considered when deciding how to prosecute someone for a criminal act.

What Is a Misdemeanor?

Misdemeanors, which are crimes of a less serious nature, can vary in their specifics from state to state. These offenses typically do not involve violence and often result in less severe punishments compared to felonies. Examples of misdemeanors include acts such as vandalism, certain types of drug possession, simple assault, and disorderly conduct. While the penalties for misdemeanors can involve fines and short periods of incarceration, they are generally not associated with long-term imprisonment.

What Is a Felony?

Felonies are the most serious category of crimes, encompassing a range of offenses that often involve physical violence or actions with the potential to cause significant psychological harm. Examples of felony crimes in Kentucky include criminal trespass, arson, manslaughter, assault, rape, and stalking. However, it is also important to note that felonies can include nonviolent activities that are still considered highly damaging, such as tax evasion and violations of parole or probation. 

In some cases, certain crimes can be prosecuted as either misdemeanors or felonies. The decision of how to prosecute such crimes is typically left to the prosecutor’s discretion and is influenced by factors such as whether a weapon was used in the commission of the crime. This discretionary power allows prosecutors to take into account the severity of the offense and to ensure that justice is served appropriately in each case.

The Consequences for Both Misdemeanors and Felonies

The fines for both misdemeanors and felonies will vary depending on the specific offense and the laws of the state in question. However, felony charges usually result in much higher fines, with the most serious felonies carrying substantial monetary penalties.

When it comes to jail sentences, the duration will vary depending on the nature of the crime. However, probation may be mandated instead of serving jail time. Misdemeanor jail terms are typically served in county jails, while felonies result in significantly longer jail terms, and individuals convicted of felonies generally serve their sentences in state prisons.

The Effects of Criminal Convictions

Individuals who engage in criminal activity and are subsequently convicted of misdemeanors or felonies after the age of 18 can receive a permanent mark on their record. Depending on the nature of the offense, this mark can significantly impede their prospects for employment and impact various other parts of their lives. 

That is why if an individual is facing any legal issues, they should seek legal advice from an experienced and skilled criminal defense lawyer, as these criminal convictions can have lasting and widespread consequences.

Contact Hoffman Walker & Knauf To Learn More

At Hoffman Walker & Knauf, our team of criminal defense attorneys deeply understands how to assert and effectively safeguard your legal rights. We excel in initiating negotiations with the opposing party to mitigate the potential repercussions of a criminal charge while ensuring that your side of the narrative is strongly advocated for. 

If you want to learn more about felonies and misdemeanors in Kentucky or to discuss your case with an experienced criminal defense attorney, contact Hoffman Walker & Knauf today.