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Examples of Misdemeanors Versus Felonies

A crime can have the same general classification but


be broken down into several levels of severity, some
of which may raise the seriousness from a
misdemeanor to a felony.
Assault
A good example of multiple levels of severity is the
general class of crime referred to as assault. In the
case of assault, threatening to cause harm to a person
but not carrying through on the threat would be
classified as a misdemeanor. Assault that resulted in
actual bodily injury, or in which a weapon was used as
part of the assault, would be considered a felony.
Theft
Theft is another example of a crime that has differing
levels of severity. Petty theft is the unlawful taking of
property or money from another person without their
consent. The distinction between whether theft is a
misdemeanor or a felony is dependent on the value of
the cash or property stolen. Many states consider
theft of up to $500 a misdemeanor and larger
amounts to be a felony. Felony theft is often referred
to as larceny.
Indecent Exposure
Other crimes are distinguished as being
misdemeanors or felonies depending on whom the
crime is committed against. The crime of indecent
exposure falls into this category. Exposing ones
private parts in public in such a way as to alarm
others is considered to be a misdemeanor. However, if
the exposure is before a child, then the crime rises to
the level of a felony. Different states set different age
limits as to where the line exists between
misdemeanor and felony indecent exposure.
Traffic Violations
In most instances, traffic violations are classified as
misdemeanors. Examples of misdemeanor traffic
violations include:

Speeding
Driving without a license
Driving without insurance
Driving under the influence (DUI)
Felony traffic violations include: leaving the scene of
an accident and vehicular homicide.
Another potential felony traffic infraction is repeated
DUIs. In this case, many states upgrade repeated
charges of DUI from misdemeanor to felony status.
While the criminal act being committed is the same,
multiple violations can result in a felony charge that
carries harsher punishments.
Jail Time for Misdemeanors Versus Felonies
The primary difference between misdemeanors and
felonies is the amount of jail time that a convicted

offender can be sentenced to serve. Many felonies are


also broken down into classifications, or levels of
seriousness, according to what punishments may be
imposed.
Felonies that are broken down into these differing
classifications include:

Murder
Rape
Arson
Sale of illegal drugs
Grand theft
Kidnapping
These felonies can be classified from Class E or F
felonies such as the lowest levels of theft up to Class
A felonies which carry a lifes sentence in prison or the
death penalty. Class A felonies are generally murder
or first degree intentional homicide.
Severity of Punishments
The classification of misdemeanors and felonies is
legally based on the severity of punishments and the
most severe of punishments are reserved for the most
serious offense. Traffic violations, trespass, petty theft
and similar offenses are misdemeanors and
depending on the state, carry maximum jail times of
between 6 months and 1 year. The attendant fines are
also limited to relatively small amounts of money,
generally $1000 to $2000 maximum.
Felonies such as murder, rape, arson and kidnapping
are substantially more serious and all carry jail times
of at least one year and in most cases, substantially
greater terms of incarceration. At the most severe
level of felony classification, Class A, the maximum
penalty can be life in prison without parole or the
death penalty.

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