20+ Differences between Felony And Misdemeanor (Explained)

Most people try to stay away from the field of true crime, but it is essential to have basic knowledge about it.

When people are charged with any crime, two of the most common charges are used, and these are Felony and Misdemeanor.

Both terms are often confused with one another and used interchangeably. The significant difference between a Felony and a Misdemeanor is that the former conveys highly severe crimes while the latter conveys low to moderately severe crimes.

Comparison Between A Felony And A Misdemeanor

Parameter	Felony	Misdemeanor
Meaning	A type of crime that is of a very severe nature. These crimes generally include crimes of murder and rape.	A type of crime that is of a moderately severe nature. These types of crimes typically include crimes of trespassing and theft.
Punishment range	Since the crimes are very severe, the punishment for such crimes is more than the punishment for Misdemeanor crimes. The punishment period for Felony crimes generally ranges from the death penalty to one year.	Since the crimes are moderately severe, hence the punishment for such crimes is more lenient than the punishment for Felony crimes. The punishment period for Misdemeanor crimes generally ranges from five days to one year.
Types	It can be classified into five classes based on the punishment levels: Class A, B, C, D, and E. Class A crimes are very severe, with a punishment of life imprisonment/death penalty. In contrast, Class E crimes are the least severe, with a punishment of more than one year/less than five years.	It can be categorized into three classes: Class A, Class B, and Class C. Class A crimes are very severe, with a punishment of more than six months/less than one year. In contrast, Class C crimes are the least severe, with a punishment of more than five days/equal to or less than thirty days.
Victims	These types of crimes are generally victim targeted. Because of this reason, their punishment is more than other crimes.	These types of crimes generally do not include any victims. Due to this reason, their punishment is very less than other crimes.
Rights	When people are accused of such crimes, they generally lose a set of rights. They can no longer have weapons, can not vote, can not travel internationally, can not parent, and can not have access to social benefits.	There is no effect on any rights of people accused of such crimes.
Attorney	If a person is unable to get an attorney due to his financial issues, then an attorney is provided to him by the concerned authorities.	If a person cannot get an attorney, he is not provided one.
Jail	People accused of such crimes are generally prisoned in state prisons. These prisons are highly secured and are regulated by Prison and Corrections offices.	People accused of such crimes are generally prisoned in county jails. These jails are moderately secured and are regulated by the sheriff’s department.
Examples	Murder, rape, sexual molestation, burglary, etc.	Trespassing, shoplifting, theft, general assault, etc.

Major Differences Between A Felony And A Misdemeanor

What exactly is a Felony?

A Felony is a type of crime that is considered to be severe. It is considered very severe that even the death penalty can be imposed on the accused for a Felony charge. One of the hallmark features of this type of crime is that it usually is targeted toward a victim.

Five classes of Felony charges are made based on punishment levels. Class A, B, C, D, and E are the respective classes where Class A has severe punishment, and Class E has the least punishment.

Features of the Felony crime

It is a crime that is considered to be very severe.
These types of crimes usually have victims.
The least punishment a person can get for this type of crime is one year, whereas the severest punishment a person can get is the death penalty.
These types of crime can be differentiated into five classes based on their punishment levels: Class A, Class B, Class C, Class D, and Class E.
Class A has the severest punishment, while Class D has the least.
When someone is accused of a Felony crime, he loses the rights that come in the category of the second amendment.
If the accused cannot have an attorney due to financial issues, the authorities must provide him with an attorney.

Key Differences: Felony

It is a type of crime that is considered more severe in comparison with a Misdemeanor.
One of the classic features of a Felony crime is that it generally involves a victim. The accused has done something harmful to a victim.
Punishment involved in Felony charges ranges from at least one year in prison to, at the most death penalty.
The crimes of a Felony can be classified into five broad classes based on punishment: Class A, Class B, Class C, Class D, and Class E.
Such crimes include murders, sexual assault, kidnapping, beating, etc.

What exactly is a Misdemeanor?

A Misdemeanor is a type of crime considered to be moderately severe. One of the classic features of these types of crimes is that usually, no victims are involved. Just like Felony crimes, these crimes can also be categorized into three classes based on their punishment levels.

Class A, B, and C are the respective classes, whereas Class A has the severest punishment, while Class C has the lowest punishment.

Features of a Misdemeanor crime

It is a type of crime that is considered to be moderately severe.
These types of crimes typically do not have victims.
The least punishment a person can get for this type of crime is five days, while the severest punishment a person can get for this type of crime is one year.
Such crimes can be differentiated into three classes per their different punishment levels: Class A, B, and C.
Class A has the severest punishment, while Class C has the least.
When accused of Misdemeanor crimes, there is no effect on a person’s rights.
If a person cannot get an attorney due to financial difficulties, he is not provided with any.

Key Differences: Misdemeanor

It is a type of crime considered moderately severe compared to a Felony.
Misdemeanor crimes typically do not include any victims. Basically, the accused has harmed without targeting any victim.
Punishment involved in Misdemeanor charges ranges from at least five days to at most one year.
The crimes of a Misdemeanor can be classified into three broad classes based on their punishment: Class A, Class B, and Class C.
Examples of such crimes include trespassing, shoplifting, general assault, etc.

The Contrast Between A Felony And A Misdemeanor

Origin of the word

Felony – The word Felony is believed to have originated from the Medieval French word “félonie.”

Misdemeanor – The word Misdemeanor is believed to have originated from the term “demeanor,” which means “actions towards others,” which originated from another word, “demean,” which means “behaving oneself.”

Meaning

Felony is a type of crime known to be very severe, especially compared with crimes of Misdemeanor. These types of crimes usually include high-end crimes such as murders and rapes and, thus, have high-level punishments. People who commit these crimes are known as Felons.

Misdemeanor – It is a type of crime that is known to be of a moderate-severe nature. These types usually include middle-level crimes such as trespassing and shoplifting and, thus, have moderate punishments.

Punishment range

Felony – The punishment ranges for these types of crimes are considered very severe as the crimes committed by Felony accused people are horrendous. A person accused of such a crime can serve at least one year in prison and get, at most, life imprisonment or even the death penalty.

Misdemeanor – The punishment ranges of these types of crimes are moderate as the crimes committed by Misdemeanor accused people are less severe than that of Felony accused people. A person accused of such a crime can serve at least five days to at most one year in prison.

Types

A felony can broadly be classified into five classes per different punishment levels. Class A is associated with highly severe crimes whose punishment ranges from life imprisonment to the death penalty.

Class B crimes are associated with moderately severe crimes whose punishment ranges from equal to or more than 25 years.

Class C crimes are associated with moderate crimes whose punishment ranges from more than ten years to under 25 years. Class D crimes are associated with mildly severe crimes whose punishment ranges from more than five years to less than ten years.

Finally, class E crimes are associated with the least severe crimes, whose punishment ranges from more than one year to less than five years.

Misdemeanor – It can broadly be categorized into three classes as per different punishment levels. Class A is associated with severe crimes with a punishment level ranging from more than six months to equal to or less than one year.

Class B is associated with moderate-level crimes with punishment ranging from more than thirty days to equal to or less than six months. Finally, class C is associated with the least severe crimes, with punishment ranging from more than five days to equal to or less than thirty days.

Victims

Felony – These types of crimes always include victims. There is a high amount of violence against them. This is one of the reasons why the punishment for Felony crimes is stricter than the punishment for Misdemeanor crimes.

Misdemeanor – These types of crimes rarely include victims. A very low amount of violence is associated with such crimes. Due to this reason, the punishment for Misdemeanor crimes is more lenient than for Felony crimes.

Rights

Felony – Accusation of a Felony crime results in losing various rights. These rights typically affect buying guns & arms, voting, traveling internationally, parenting, and social benefits.
For example, the accused can no longer own or buy weapons, can not vote, can not travel internationally, can not have custody of their child, and can not have access to any benefits. Also, if a person serves on a Jury and knows the accused, then effective immediately, they can not do so in the concerned accused’s case.

Misdemeanor – Accusation of a Misdemeanor crime does not result in the loss of any rights.

Attorney

Felony – If the accused is unable to get an attorney possible due to his financial issues, then an attorney is provided to him by the authorities.

Misdemeanor – If the accused cannot get an attorney due to financial issues, then authorities do not provide him with an attorney.

Jail

Felony – State prisons are used to keep people accused of Felony crimes. These prisons are known to be the place for Felony crimes against accused people who may have to spend more years. The Prison and Corrections offices handle these prisons.

Misdemeanor – County Jails are used to keep the people accused of Misdemeanor crimes. These jails are known to be the place for Misdemeanor crimes against accused people who will have to spend less time. The sheriff’s departments handle these jails.

Differences Between Felony And Misdemeanor

County Jail And State Prisons: A Comparison

County Jails:

These jails are widely used to imprison those who have committed less severe crimes. Misdemeanor-accused people are kept here.
In comparison with State Prisons, these jails are less secure.
Sheriff’s departments regulate these. However, it usually differs from country to country.

State Prisons:

These prisons are widely used to imprison those who have committed severe crimes. Felony-accused people are kept here.
In comparison with County Jails, these jails are very secure.
These are regulated by Prison and Corrections offices.

Examples

Felony – Murders, homicides, manslaughter, rape, robberies, etc., are some examples of Felony crimes.

Misdemeanor – Trespassing, shoplifting, theft, assault, etc., are some examples of Misdemeanor crimes.

Conclusion

The terms Felony and Misdemeanor are two terms that are known to create confusion in people’s minds. The significant difference between a Felony crime and a Misdemeanor crime is that the former is considered highly severe while the latter is considered moderately severe.

Another significant distinction is that the former has stricter punishments, whereas the latter has lenient punishment.

Frequently Asked Questions (FAQs)

Q1. What is the severest and lowest punishment for a Felony crime?

The severest punishment one can get for a Felony crime is the death penalty, and the lowest punishment one can get for a Felony crime is more than one year in prison.

Q2. What are the different classes of Felony and Misdemeanor crimes?

Felony crimes can be distributed in five classes, i.e., Class A, Class B, Class C, Class D, and Class E. In contrast, Misdemeanor crimes can be distributed in three classes, i.e., Class A, Class B, and Class C.

Q3. What is the difference between Felony Class A and Felony Class E?

Class A is used to symbolize very severe crimes, while Class E is used to symbolize least severe crimes. The punishment for Class A crimes ranges from life imprisonment to the death penalty. In contrast, the punishment for Class B crimes ranges from one year to five years.

Q4. What are the significant differences between Felony and Misdemeanor crimes?

In terms of the severity of a crime, Felony crimes have the edge over Misdemeanor crimes. Typically, there are no victims in Misdemeanor crimes but in Felony crimes. Hence, the punishment for Misdemeanors is considered lenient compared to the punishment for a Felony crime.

Q5. What is the difference between County Jail and State Prison?

County Jails are primarily used to imprison those who have committed not very severe crimes. On the other hand, State Prisons are widely used to imprison those who have committed severe crimes.