Felonies, Misdemeanors & Infractions

Crimes committed in the United States are classified into three different levels of severity: felonies, misdemeanors and infractions. For some crimes, the differences between the three are clearly defined, while others, called wobblers, may balance precariously on the fence between two levels. In those cases, it is up to the prosecutor and the judge to determine, based on the damage caused by the suspect, which level of criminal charge is appropriate.

Felonies

Felonies are the most serious crimes of which defendants can be convicted in the United States, and encompass several different kinds of crimes, from murder to rape to burglary to the sale of illegal drugs. Felonies typically carry a sentence of more than one year in a state penitentiary, as well as any fines assigned by the court.

Misdemeanors

Misdemeanors are a “step down” from felonies, and are typically punishable by less than a year in a county jail. Common misdemeanors include possession of illegal drugs (more than a certain amount may constitute a felony), shoplifting, drunk driving, and assault.

Infractions

An infraction is a much less serious offense, and always a non-violent crime. Examples of infractions are traffic tickets and parking tickets, and most infractions involve nothing more than a nominal fine. The only instances in which a person might to go jail based on the commission of an infraction are if the person has warrants for his or her arrest or if the person fails to appear for the assigned court date.

Municipal Laws

At the very bottom of the list are municipal ordinances, which are laws enacted by a city or county, and which are punishable by a nominal fine. Examples of municipal laws may include parking in a prohibited area or smoking in an elevator.

As I said before, there are certain laws that are “wobblers”, which means that the judge and the prosecutor can decide whether to charge the defendant with a felony or a misdemeanor. A variety of factors come into play here, including any prior arrests that the defendant might have incurred for the same charge, or, in the case of a violent crime, how extensively the victim was injured.

There are also instances in which the prosecutor will offer a plea bargain to a defendant in exchange for a guilty plea. In this case, the defendant might be offered a lesser misdemeanor charge rather than a felony as long as he or she will plead guilty.