The Difference Between a First-Degree Misdemeanor & a Felony
If you, or someone close to you, has been arrested and charged with a first-degree misdemeanor or a felony, the meaning of those terms and exactly what the difference between them is will be helpful to you throughout the judicial process. Regardless of what state you are in, felonies and misdemeanors carry different penalties and consequences for the defendant.
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History
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The terms "felony" and "misdemeanor" date back to English common law. In the past, felonies were the more serious crimes and were generally punishable by death and forfeiture of your property to the Crown. Misdemeanors, on the other hand, were usually punishable by up to a year in jail and/or a fine payable to the Crown.
Significance
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From the moment of your arrest it can make a huge difference whether you are charged with a felony or a misdemeanor. Bail is generally set much higher for felony charges. The state can also keep you in custody longer when you are charged with a felony. If you are convicted of a felony, it can affect your civil liberties, your employment prospects and even your future education benefits.
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Types
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The distinction between felony crimes and misdemeanors has remained in use in the majority of American states. States can legislate which crimes fall into which category, but generally speaking, the most heinous crimes such as murder, rape and robbery are considered felonies. Within the felony category, states often further divide crimes into class A, B, C and D, or first-, second-, third- and fourth-degree, with a class A or first degree felony being the most serious. States also frequently divide misdemeanors in the same manner with a class A or first-degree misdemeanor being the highest crimes in that class.
Punishment
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States are allowed to determine their own punishment for crimes as long as they don't violate the protections found in the U.S. Constitution. Most states still use the original English rule that crimes carrying a potential sentence of more than a year are felonies, while those that carry potential sentences of a year or less are misdemeanors.
Enhancement
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A first-degree misdemeanor generally carries with it a potential sentence of up to a year. Sometimes, however, a first-degree or class A misdemeanor can be "enhanced," allowing what would normally be a misdemeanor charge to be charged as a felony. This usually happens when someone has a history of being arrested for the same offense. Common examples of charges that can be enhanced in some states are prostitution, operating a vehicle while intoxicated and possession of marijuana.
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