What is the Difference Between a Felony and a Misdemeanor?

 Posted on January 22, 2018 in Felony

If youenjoy watching courtroom dramas on television, then you have probably heard the terms “felony” and “misdemeanor” bantered about quite a bit. Yet perhaps you were not quite sure of their precise definitions. In the legal world, the meaning of these terms are quite important as they are used to distinguish one class of criminal offenses from another.

Misdemeanors

Misdemeanors are typically crimes that are punishable by incarceration for up to one year and payment of a fine. Those who are sentenced to serve time for a misdemeanor offense are generally placed in county jail. Additionally, incertain misdemeanor trials, court appointed defense attorneys are available for defendants who cannot afford one.

Felonies

Felonies, on the other hand, fall into a more serious classification of crime and are generally punishable by incarceration in excess of one year and payment of a substantial fine. Offenders ordered to serve time for a felony offense are typically placed in a state or federal prison, as opposed to a local jail. Moreover, when an individual is charged with a felony,he or she hasthe right to a court appointed attorney ifhe or she isnot able to afford legal representation.

Wobblers

It is also important to note that some criminal offenses can be tried as either a misdemeanor or as a felony. These crimes are said to be “wobblers” as they can wobble between being a felony or a misdemeanor. In these cases, it is within the prosecutor’s discretion whether to charge the crime as a misdemeanor or as a felony. Additionally, it is within the presiding judge’s discretion whether to sentence the crime as a misdemeanor or as a felony.

But how is it determined whether a particular offense should be tried as a felony or as a misdemeanor? This determination is highly case specific, but the decision is made based mainly on the severity of the circumstances surrounding the crime.

Infractions

Finally,there is another classification of crime that you should be aware of: infractions. An infraction (also sometimes referred to as a “violation” or a “petty offense”) is much less serious than a misdemeanor or a felony and is generally punishable with a simple fine. However, under federal law a petty offense is defined as any misdemeanor offense for which the offender can not be sentenced to serve more than six months in jail nor pay a fine of more than $5,000.

Need Legal Advice?

If you have been accused of committing a crime in Illinois, then it is a good idea to consult with a dedicated Rolling Meadows criminal defense lawyer about your legal options as soon as possible. At The Law Offices of Christopher M. Cosley we understand how overwhelming it can be to be charged with a crime and are committed to helping each of our clients through the trying process of defending themselves against such accusations.

Source:

https://www.law.cornell.edu/wex/wobbler