Classifications of Crimes, Felonies and Misdemeanors

In the state and federal legal systems, crimes are generally divided into two broad categories: felonies and misdemeanors. Felonies cover more serious infractions of the law, while misdemeanors are the lesser classifications. At the state level, there are some violations that are further separated into petty offenses or violations.

Felonies are those crimes classified by the federal government and most states as being the most serious offenses against people and property. Federal law classifies any crime carrying more than a one year jail sentence as a felony. The most serious of felony crimes can carry the death penalty.

Murder and treason are examples of federal death penalty felonies. Other examples of felonies include:

• Arson
• Robbery
• Kidnapping
• Rape

Felonies can also have additional stipulations that can increase the penalties attached. For example:

• Federal law provides for greater minimum punishments in the case of “hate crimes.” These would be crimes against people or property motivated by the victim’s race, religion or sexual orientation, to name a few examples.
• Selling or possessing large quantities of drugs can raise an offense from a misdemeanor to a felony.

Classification of Felonies

Depending on the state law, felonies may also be divided into different classifications, mostly having to do with the level of punishments allowed for the crime. These categories are assigned a letter designation, with an A felony being murder and a D felony being robbery or assault as examples. Some states, such as New York, include classifications for E felonies.

The maximum punishment in terms of jail times and fines increase as the scale goes from a D felony to an A felony.

Due to the fact that felonies are the most serious of crimes and carry the harshest punishments, federal and state legal systems have the maximum built-in protection for defendants in these cases. In the federal system:

• A grand jury must hand down felony indictments; they cannot be issued just on the whim of a United States Attorney.
• The burden of proof required in felony cases is often higher than for misdemeanor charges.

Penalties for Felonies

Felony charges often carry harsher minimum penalties to represent their seriousness. The defendant has greater protection; but, if found guilty, he or she faces a stiffer sentence. Judges have less leeway in many felony cases because state or federal law requires them to assign minimum fines and jail time. This is a balance within the felony system to prevent abuse on the part of the prosecution yet ensuring appropriate penalties on those found guilty.

Federal law sets the accepted standard for felonies and is followed by more than half the states. Differences in classifications are generally slight and center on jail term length, with the dividing line being 6 months or 12 months regarding misdemeanor versus felony at the state level.

Fines and jail sentences are also fairly standard, with execution and life imprisonment reserved for only the most serious of crimes against person or country.

Misdemeanors

The less serious classification of crimes is called misdemeanors. Federal criminal law classifies a misdemeanor as one in which the maximum punishment in terms of jail time is less than one year. Approximately half of the state legal systems also use this classification. In other states, the classification of a misdemeanor is a crime in which the only punishments that can be handed down are fines or jail time. In those states, crimes allowing any other punishment, such as seizure of property or the death penalty, would automatically be felonies.

Misdemeanors are generally those crimes, which while prejudicial to public order and personal property or safety, are not considered to be of a serious nature. Some examples include:

• Trespassing
• Prostitution
• Drug possession for personal use
• Similar offenses

Depending on the circumstances, some of the above may be raised to felonies.

Minor Offenses

Depending on the state and/or local statutes, minor offenses can include such things as minor traffic offenses, parking violations and similar infractions. These infractions may not even be tracked as part of a criminal record, again depending on state and local laws. Generally, these types of infractions carry penalties of monetary fines and/or up to 90 days in jail.