Differences Between a Felony, Misdemeanor & Violation
Felonies are serious offenses punishable by a lengthy probation, a fine, penitentiary time or, in the case of capital murder, potentially death. Misdemeanor crimes are less serious offenses punishable by probation or perhaps jail time and/or a fine. State laws differ in defining certain offenses, and what is considered a misdemeanor in one jurisdiction may be classified as a felony in another. Offenses such as driving while intoxicated and theft are enhanceable, which means the range of punishment increases with each subsequent conviction.
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Types of Felonies
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Felonies are divided into degrees or classes. State laws vary on how crimes are classified, but the elements of the crime remain the same. Felony offenses include murder, burglary of habitation or building, robbery, possession of certain controlled substances, rape and aggravated assault.
Felony Punishment
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Laws vary on the punishments for felony offenses, but state jail or penitentiary time is a possible consequence in every state. The higher the class or degree of felony, the wider the punishment range. A convicted felon also loses certain rights, such as the right to vote and the right to serve on a jury.
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Misdemeanors
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Misdemeanor offenses also are divided into classes, usually identified by a letter. Misdemeanor offenses include simple assault, driving while intoxicated, possession of marijuana, theft under a certain amount, reckless driving and failure to identify. Misdemeanor offenses are punishable by up to one year in a county or city jail, probation and a fine.
Enhanceable Offenses
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Certain offenses carry a higher range of punishment for subsequent convictions. In all states, driving while intoxicated offenses can be prosecuted as felonies after a certain number of convictions. State law varies on the number of convictions needed for felony enhancement. For example, Texas law classifies a third DWI offense as a felony, while New Mexico law makes a fourth offense a felony. Other enhanceable crimes include theft, domestic assault and evading arrest.
Moving Violations
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Minor traffic offenses, such as speeding and ignoring stop signs, are considered the lowest class of misdemeanor. Punishment for a minor traffic offense is usually a fine, but can involve a driving class or community service. Multiple traffic offenses may result in increased insurance rates and driver's license suspension or revocation.
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