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Most people have heard the terms misdemeanor and felony, but do you really know what they mean? Unless you are an attorney or have come up against criminal charges in the past, you may not know the differences between the two. There are a few key elements used to determine a crime’s designation, such as the length of incarceration, where the sentence will be served, and the long-term consequences. Below is a brief guide explaining both terms. 

What Makes a Crime a Misdemeanor? 

Misdemeanors are considered less serious offenses, such as traffic violations or minor thefts. All misdemeanors carry jail time of one year or less as their classification. If the sentence is a year or less, it’s a Class A misdemeanor. Class B offenses are less than six months, while a Class C misdemeanor is between five and 30 days.

AttorneyFor these crimes, incarceration generally takes place in jail rather than prison. As a general rule, sentences of a year or less are served in jail, while longer sentences of over a year are usually served in prison. There are exceptions, however. It is possible to serve several years in jail if you have multiple misdemeanors and your sentences are served consecutively. Misdemeanors can also result in other penalties, such as fines, restitution, and probation. A judge determines if these penalties take the place of going to jail or happen along with incarceration. 

What Is Considered a Felony? 

A felony is a more serious offense, such as kidnapping or larceny. Unlike misdemeanors, incarceration for felonies is always served in prison. Felonies are also classified by the nature of the crime. First-degree felonies are for crimes such as murder, rape, and arson. Second-degree offenses include aggravated assault and manslaughter. Examples of third-degree felonies are driving while intoxicated (DUI) or fraud, while fourth-degree crimes are resisting arrest, burglary, and involuntary manslaughter.

One of the main factors setting misdemeanors and felonies apart is the long-term consequences that come with felony convictions. A felony on your record can keep you from serving on a jury, take away your Second Amendment right to own a firearm, and restrict your employment opportunities in certain fields, such as law, healthcare, and the military. Given the weight of these potential sentences, you always want to have an attorney in your corner.

 

If you need a criminal defense attorney, turn to Darryl L. Jones, Attorney at Law in Palmer, AK. This firm has been helping the residents of Anchorage and the Matanuska valley fight for their rights since 1988. These legal professionals have many practice areas from criminal defense to family and personal injury law. Visit their website or give them a call at (907) 746-9851 to learn more about what they can do for you.  

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