Crimes are sorted into infractions, misdemeanors, and felonies. An infraction is the least serious and may not even carry jail time. A misdemeanor is in the middle in terms of severity. Penalties include small fines, temporary punishments, and shorter jail time. A felony is the most serious of the three and has permanent penalties like fines, probation or permanent records, and long prison sentences. In some cases, a crime could be charged as either a misdemeanor or felony, depending on the circumstances.
Categorizing the Severity of Crimes: Misdemeanors and Felonies
Every state will classify crimes as misdemeanors or felonies. These are the two basic categorizations of crimes and will indicate how serious the crime and the penalty will be. The law regarding each crime will define the circumstances that would make the charge a felony or misdemeanor and the guidelines for penalties for each.
Most states will further categorize crimes into different classes or levels that will indicate how the court will penalize the defendant if convicted. For example, killing someone may be charged as first-degree murder, second-degree murder, voluntary manslaughter, or involuntary manslaughter.
What Is an Infraction?
An infraction is a crime that results in a ticket and penalties of a fine or less than 5 days in jail. Often, the person charged with an infraction will not even have to appear in court. For example, littering, disturbing the peace, trespassing, and traffic tickets are all examples of infractions. They are small offenses that are illegal but do not cause much harm to people or property.
In some jurisdictions, the law will separate infractions into different types of offenses and provide punishment guidelines for each type of offense based on how it impacts society. The penalty for more serious infractions or repeat offenders may include a fine and time in jail, whereas a less serious infraction may only get a small fine.
What Is a Misdemeanor?
A misdemeanor is the middle classification of crimes and may carry penalties of up to a year in jail and temporary restrictions on freedom like parole or probation. Each state will categorize misdemeanors differently and provide different penalties. Federal law separates misdemeanors into 3 classes and provides maximum imprisonment guidelines for each one.
- A Class A Misdemeanor gets 6 months to a year in county jail.
- A Class B Misdemeanor gets 30 days to 6 months in county jail.
- A Class C Misdemeanor gets 5 days – 30 days in county jail.
The prosecutor will be able to decide how they want to charge the crime and will recommend penalties to the court. They will also be able to negotiate plea bargains.
What Is a Felony?
A felony is the most serious classification of crime. Federal law defines a felony as a crime where the punishment is more than a year in prison. State definitions can vary significantly as to what a felony is.
Here are some examples of the states and how they define the term felony:
- Georgia defines a felony as a crime where the punishment is imprisonment for more than a year, life imprisonment, or the death penalty.
- Idaho defines a felony as a crime where the punishment is state prison sentence or the death penalty.
- New Jersey and main do not use the term felony
Check your state laws for accurate information about how they define felony and misdemeanor crimes.
Federal law breaks felonies down into classes based on the prison time a charge carries.
- A Class A felony carries the death penalty or life prison sentence
- A Class B felony carries a prison sentence of 25 years to life
- A Class C felony carries a prison sentence of 10 to 25 years
- A Class D felony carries a prison sentence of 5 to 10 years
- A Class E felony carries a prison sentence of 1 to 5 years
When prosecuting or defending a felony charge, it is important to ensure the correct criminal procedure is observed because the penalties are so severe. Mishandling a charge could result in the defendant receiving more prison time than the law suggests. Unlike a misdemeanor, the prosecutor does not have discretion to decide how they want to charge the defendant in order to protect the defendant’s rights.