Misdemeanors and felonies

 Punishments for specific criminal acts vary somewhat from state to state but most recognize misdemeanors and felonies. Misdemeanor offenses are distinguished from felonies by 1) the seriousness of the offense, and 2) the possible length of the imprisonment and 3) where the confinement is to occur. Misdemeanors are typically minor offenses ranging from traffic and health code violations to petty theft and assaults that are punishable by a fine and/or confinement in a city or county jail for up to one year in most states. Persons convicted of these offenses may be referred to as misdemeanants. Misdemeanors are further divided into classes, again on the basis o the seriousness of the act and the severity of the punishment. The most serious offenses are often classified as A and the least serious ones as C.

PRINCIPLE DIFFERENCES BETWEEN FELONIES AND MISDEMEANORS

               Misdemeanors    Felonies

Seriousness    Minor           Major

Length of      Usually less    Usually over

Confinement   than 1 year      1 year

Place of          County Jail or   State/Federal

Confinement       Stockade         Prison

In most states, felonies are criminal offenses punishable by incarceration in a state prison for a year or more. Any crime for which a death sentence can be imposed is also a felony. Persons convicted of these offenses are known as felons. Like misdemeanors, felonies are divided into classes, which in some states are referred to as degree's (i.e. First, Second, Third degree). Again, the distinction between classes refers primarily to the seriousness of the crime and the severity of punishment. Capital felonies are those for which the death penalty may be imposed. Class A felonies carry the maximum sentence of imprisonment that can be imposed which is often from twenty years to life. Class B's are usually limited to twenty years or less, class C's up to 10 years, and class D's to five years. Different states may use variations on this scheme. The class to which a particular felony offense is assigned depends largely on the severity of harm inflicted and/or the level of danger posed by the crime. When applied to a crime, the term aggravated, indicates especially serious circumstances such as the degree of injury done (or threatened), the age of the victim or the use of a lethal weapon. Killing someone, with or without specific intent, while committing some other felony (e.g., rape, robbery) is known as felony murder. All persons involved in the original crime may be held equally culpable for the death as well. Non-capital homicides include: murder - the willful killing of one human being by another without extreme provocation or legal justification; Nonnegligent (or voluntary) manslaughter -causing the death of another out of sudden passion arising from an adequate cause (e.g., rage, terror, etc); involuntary manslaughter - recklessly causing the death of another due to improper caution; and negligent manslaughter - causing the death of another by gross negligence.

Forty-three states also have laws that recognize repeat and habitual felons. Persons convicted under these laws receive harsher penalties than usual for their offenses because of their prior convictions. Repeat felony charges are generally applied to those convicted of a felony who have previously been convicted of a first-degree or aggravated felony. The habitual felon sentence may be used against persons convicted of a felony who have previously been convicted of at least two other felony offenses. Most of these laws provide for sentence enhancement (adding a year or more to the sentence) for offenders with two or more prior convictions. Mandatory life-without-parole sentences may be given for those convicted of a fourth felony regardless of the severity of the criminal behavior in some states. Habitual offender acts are based on the belief that a relatively small number of habitual criminals are responsible for a vast number of serious crimes.

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