1. DIFFERENCES BETWEEN FELONY AND MISDEMEANOR
DIFFERENCES BETWEEN FELONY AND MISDEMEANORYou recently expressed to us your
concerns over the death penalty is convicted of the crime of breach of peace. Kindly note
that this is not possible, as the crime you are accused of is usually classified as a
misdemeanor, while the death penalty is purely reserved for a first degree felony. There are
two different categories of crimes: felonies and misdemeanors.A felony refers to a highly
serious crime, which is punishable either by death or a prison term of at least more than
one year. The individual crimes for which an individual may receive a prison term of more
than one year may include but are not limited to: murder, robbery, aggravated assault,
arson, burglary, sale and distribution of illegal drugs, fraud (though in various forms), grand
larceny, kidnapping, federal property vandalism, treason, perjury or even cheque
fraud.These felonies are then classified into two broad categories, nonviolent or violent
offences. The latter encompasses crimes that do not involve the use of force or the threat of
using force. This may include crimes such as vandalism, fraud, sale and distribution of illegal
drugs, treason, cheque fraud and perjury (Johns, 2006). The former, encompasses crimes in
which there was a threat to use force or force was actually used, as would be the case in
robbery, murder, aggravated assault, arson or kidnapping. At times or in some states, even
certain property crimes which bring about psychological trauma may also be considered as
violent crimes, with the likes of burglary usually considered a misdemeanor being
graduated to a felony, more so if intent to commit felonies such as battery, assault or even
larceny can be established.Felonies are further classified depending on their seriousness,
with letters or numbers being used depending on the state in question. For example, a Class
A felony in New York, refers to crimes of high seriousness such as treason or murder, and in
most cases carry a penalty of life imprisonment or even the death penalty. Class B felonies
usually entail less serious but nonetheless serious crimes that are a step below the first
class mentioned. This class encompasses crimes such as armed robbery, rape, violent
assault, homicide or even drug trafficking, with the range of sentences being 25 years or
more. Class C felonies attract prison terms of at least ten years or more but less than 25
years, and entail moderately serious crimes such as fraud, certain types of assault, robbery
or theft, as well as larceny. Class D felonies even though as serious as class C, do not usually
carry a similar degree of malice. These types of crimes are like manslaughter, burglary,
theft, robbery, as well as certain forms of fraud. Class D felonies usually attract prison terms
of between 5 to ten years. A class E felony on the other hand falls at the lower end of the
spectrum and is ranked as the lowest felony charge in New York, encompassing charges
2. such as aggravated harassment or forcible touching (Bolton, 2008). In most cases these
types of felonies attract sentences of between 2 to 5 years, while in rare cases may even
result in non-custodial dispositions. This classification system is employed in most states,
although a slight difference may exist in how they are named. In other states, like for
instance Virginia, felonies are classified according to numbers, which actually correspond to
the letters, whereby 1 corresponds to A and 2 corresponds to B and so forth. The
punishments these felonies attract are also similar, although in some states the death
penalty does not exist and is therefore substituted by life imprisonment without the
possibility of parole.A misdemeanor on the other hand, refers to crimes of a not so serious
nature, punishable in most cases by the imposition of monetary fines. The main difference
between a misdemeanor and a felony is the fact that the former is punishable by an
incarceration term of one year or less, despite the seriousness, while felonies are
punishable by at least one year or more. A misdemeanor is essentially considered the
opposite of a felony: a crime of low seriousness, with the measure of seriousness being how
it affects the society or other people. Crimes that may fall under misdemeanors include:
breach of peace, prostitution, disorderly conduct, simple assault, vandalism, trespassing,
petty theft, and possession of certain drugs such as marijuana among others (Scheb,
2002).Similar to felonies, misdemeanors are also classified depending on their seriousness
and the type of punishment they would attract. Further, letters or numbers can be used,
ranging from A to C or 1 to 3. A class A misdemeanor is usually the most serious and carries
penalties of a fine of up to $10,000 or a prison term of up to 9 months, although in the cases
of a repeat offender it may entail a prison term of up to 2 years. Due to the variance in how
different states define misdemeanors, providing examples may be difficult as in most cases
it depends on which state the crime was committed. Class B misdemeanors attract a prison
term of up to 90 days or a fine of $ 1000 in most states, although similar to class A, repeat
offenders may attract a prison term of up to 2 years. The lowest class of misdemeanors:
class C, attracts a prison term of up to 30 days or a fine of up to $500, with the same
conditions as in the previous two classes applying for a repeat offender (Burke, 2006). The
value of the fines may also vary depending on the state in question, with the option of being
forced to pay both the fine and serve the prison term being a possibility.Another distinct
difference when it comes to felonies and misdemeanors is the fact that felons usually serve
their prison terms in federal prisons, while misdemeanants usually serve their terms in
county or local jails. It is also important to note that the sentencing for misdemeanors is
usually the prerogative of the judge, and sentences may, therefore, be more than a year or
carry additional probation following the prison term or other penalties (Moxon &
Hedderman, 1994).Clearly as described above, your crime, Ms. Singh, does not fall in any of
the felony classes, let alone class 1 felonies which are the only ones capable of attracting the
death penalty. Further, seeing as this is your first misdemeanor, the longest sentence
possible is one year, and you therefore do not need to worry about a long prison sentence.
Perhaps you might not even need to worry about any prison sentence, considering that a
fine is a very big possibility (Ides & May, 2006).ReferencesBolton, J. (2008). Misdemeanors
& Felonies: A Memoir. Swamprighter Publisher.Burke, P. (2006). The Criminal Law, And Its
Sentences, In Treasons, Felonies, and Misdemeanors: With A Supplement Including All
3. Statutable Alterations And Additions Down To The Present Time. Oxford University
Press.Ides, A. & May, C. (2006). Civil Procedure: Cases and Problems. Aspen
Publishers.Johns, M. (2006). The United States Legal System: An Introduction. Carolina
Academic PressMoxon, D. & Hedderman C. (1994). Mode of Trial Decisions and Sentencing
Differences between Courts. The Howard Journal of Criminal Justice 33(2), 97-108Scheb, J.
(2002). An Introduction to the American Legal System. Cengage Learning.
