In certain states in America a misdemeanor in laymen’s
terms is stealing a cookie out of the jar. A felony is eating the cookie. That’s
the concept. An infraction is a
traffic fine. When you speed on the highway it is a misdemeanor, you pay the
fine and that’s that. When you speed on the highway and someone is killed as a
result of your reckless driving it is vehicular
assault and you spend time in jail; it’s a felony. Got it? The functional difference between the two rests
with the penalty and the ‘power of imprisonment’. It is not whether someone
convicted of a particular crime must be punished by a specific time in jail,
but whether the person may be punished for a certain length of time or in a
specific type of prison.
Punishment
In certain states all crimes punishable by death are
felonies. In States such as New York, Rhode Island and New Hampshire a crime is
a felony if it is punishable by more than a year in jail. In Arizona and
Wisconsin a crime is a felony punishable by imprisonment in a state prison or penitentiary. A misdemeanor is usually a crime punishable
for a year or less in prison or only in a county jail.
Possession of a small
quantity of weed a misdemeanor
There is also a wobbler. Some states also have alternative
felony/misdemeanor crimes. A wobbler is a crime that can be charged as a felony
or a misdemeanor based on circumstances and can be reduced to misdemeanor by a
sentencing court. For instance, if you are found with a small bit of marijuana
it might be a misdemeanor, but being in possession of a kilo of weed might lead
to felony charges based on the volume of the drug.
In the procedural prosecution of felonies and misdemeanors there are not many
differences. The government brings some sort of formal charges against you and
accord you due process of law. The state follows more formal procedures to
prosecute for a felony.
Lose the right to
vote
Being convicted of a felony can have serious repercussions.
You get a longer sentence, you lose the right to possess a firearm and hunting
or fishing licenses. In some states you also lose the right to vote. You also
have to disclose your status when applying for a job. A repeat felon faces much
harder punishments especially where three-strike
laws are in place. Go online for more information on felonies and
misdemeanors in the United States.
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