What is the difference between a felony and a misdemeanor?
The traditional definition of a felony is a crime that is punishable by a year or more in jail. A misdemeanor is a crime that is punishable by imprisonment of less than one year. Felonies are more serious crimes than misdemeanors. In Missouri, there are four classes of felonies from A to D, with A being the most serious degree, and three classes of misdemeanors from A to C.
Public drunkenness, resisting arrest, and simple assault are misdemeanors. However, the same offense might be either a misdemeanor or a felony, depending on its degree. Stealing an item worth less than $500 generally is a misdemeanor. Over that amount, the offense is a felony. Similarly, the first offense of DWI may be a misdemeanor. After a certain number of DWI convictions, the state may prosecute the next violation as felony drunk driving.
Examples of Class A felonies include second degree murder, first degree robbery. Examples of Class B felonies include voluntary manslaughter, second degree robbery, and first degree burglary. Examples of Class C felonies include involuntary manslaughter, second degree assault, deviate sexual assault, second-degree statutory rape, stealing a car, third stealing offense, and forgery. Examples of Class D felonies include passing a bad check with no bank account, second-degree odometer fraud, and parental kidnapping. In Missouri, the penalties for felonies vary depending on the class of the felony. In Class A and B cases there are no fines but jail or prison time can be 10 to 30 years or life for Class A and 5 to 15 years for Class B. In a Class C felony case, jail/prison time can be anywhere from zero to 7 years with a fine between $5,000 to $20,000. The fine amount is the same for a Class D felony and jail/prison time is zero to 4 years. The maximum fine amount in a felony case is $20,000.
Misdemeanors are generally less serious than felonies and involve less jail time and lower fines. The maximum penalty for Class A misdemeanors is up to 1 year in jail and a fine of up to $1,000. Examples of Class A misdemeanors include fraudulent use of a credit card device, passing bad checks, third degree assault, false advertising and reckless burning. Class B misdemeanors typically carry penalties of up to six months in jail and fines of up to $500 maximum. Examples of Class B misdemeanors include a first offense DWI-DUI, first degree trespass, and removing plants from highways and roadways. The maximum penalties for Class C misdemeanors range from up to 15 days in jail and a fine of up to $300. Examples of Class C misdemeanors are first offense careless driving and library theft. Some crimes may have specific penalties and fines attached to them. (Infractions involve no imprisonment penalties, and fines generally do not exceed $200.)
The consequences of a criminal conviction are serious and the stakes are high: large fines, jail or prison time, and a record that could hurt your ability to get and keep a steady job. Our goal is to defend you aggressively and guide you through the criminal court system with courtesy and dignity. Smith Montgomery's Criminal Defense Team moves quickly to investigate and examine the evidence supporting the criminal charge(s), and we will do everything possible to support your position and fight to protect your future. No lawyer can guarantee the results of a case; however, we do promise that if we cannot find a way to win your case, we will try to minimize the damage to you by getting your charges dismissed; getting your charges reduced to a misdemeanor; keeping you out of jail; keeping your fines low; keeping the charges off of your record; getting you probation instead of prison time; getting you into drug court instead of prison time; and arranging for you to pay any fines out over a period of time rather than all on your court date.
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This article discusses Missouri felonies and misdemeanors in general terms only, and nothing in this article should be considered as legal advice. No attorney can guarantee the outcome of a case; however, if you have a legal problem, please take advantage of a free visit to review your situation. We have a good reputation with high skills to match AND reasonable fees. A large percentage of our clients are referred by happy clients and by other attorneys who know our reputation. They know we will fight for your freedom, and we are very good at what we do.If you need help deciding, see what our clients have to say about our legal services.