Ready to Represent You Schedule a Consultation
Key Differences Between Felonies and Misdemeanors: What Defendants Should Know
If you’ve been charged with a crime, you will either be charged with a felony or a misdemeanor. Criminal charges carry different legal consequences and can have a major impact on your life. Whether it’s a DUI, theft, or a more serious charge, it's important to consult an attorney who can advocate for your rights and craft a solid defense strategy.
At Adams Kearney Law, our criminal defense attorneys are experienced in defending Pennsylvania residents across Ridley Park, the greater Philadelphia area, Chester County, Delaware County, and the surrounding cities. We focus on helping you pursue the outcome you want through customized strategies that protect your legal rights.
The legal system can be complicated, and tackling it without legal guidance can potentially risk your future. From high-stakes felony charges to common misdemeanors, we explore the differences between Pennsylvania criminal charges and why these differences matter.
An Overview of Misdemeanors and Felonies
A key distinction in criminal law is the difference between felonies and misdemeanors. Understanding whether you are accused of a felony or a misdemeanor is important since it will influence the penalties you face and the potential long-term consequences.
Felonies
A felony is considered the most serious type of crime. Felony convictions typically carry lengthy prison sentences (more than one year), hefty fines, or both.
Some examples of felonies include murder, sexual assault, kidnapping, and serious drug crimes. Felony convictions can follow you for life, affecting employment, housing opportunities, and even voting rights in some cases.
Felonies are categorized into degrees. First-class felonies are the most severe (such as first-degree murder), followed by second- and third-degree felonies, which typically involve slightly lesser offenses.
Misdemeanors
Misdemeanors are less severe than felonies, but still result in legal penalties that can impact your life. These usually result in jail time up to one year, probation, community service, or fines. Some common types of misdemeanors include DUI, petty theft, disorderly conduct, and possession of small amounts of marijuana.
Like felonies, misdemeanors are classified into degrees, with first-degree misdemeanors carrying harsher consequences than third- or second-degree offenses.
Why the Differences Matter
The key difference between a felony and a misdemeanor lies in the seriousness of the offense and the penalties imposed after conviction. These differences matter to the defendants facing charges since they can be the difference between harsher or lesser consequences. The main reasons you should understand these differences include:
Sentencing and jail time: Felonies carry much harsher penalties, including long-term imprisonment in state prison and steep fines. Felony sentences can range from one year to life in prison. Defendants charged with misdemeanors often receive lesser sentences, such as jail time in a county facility, probation, or even a fine alone.
Impact on your record: Felony convictions often have lifelong repercussions due to the social stigma attached to these offenses, essentially labeling you as a felon. This can make it harder to secure a job, housing, or even loans. While misdemeanor convictions may still impact your record, they generally bear less stigma and offer more pathways for expungement or record sealing.
Legal proceedings: Felony cases involve more complicated legal proceedings, including preliminary hearings, grand jury investigations, and sometimes, lengthier trials. Misdemeanors are generally handled more quickly, often through plea deals or proceedings in lower courts.
Rights and privileges: Individuals convicted of felonies may lose key civil rights, such as the right to vote, serve on a jury, or own firearms. Misdemeanors, though they may come with certain restrictions, particularly during probation, generally do not result in significant losses of civil liberties.
Social impact: Being labeled a felon can carry a greater stigma socially and professionally. Misdemeanor convictions, while still serious, tend to be viewed with less gravity by employers, landlords, and creditors.
Pennsylvania’s Approach to Felonies and Misdemeanors
Pennsylvania’s criminal code establishes specific guidelines for classifying felonies and misdemeanors. If you’re facing a serious felony or a misdemeanor charge in Pennsylvania, understanding the potential risks and penalties is critical.
Felony Classifications in Pennsylvania
Pennsylvania categorizes felonies into three degrees. The penalties for each degree increase in severity depending on the severity of the crime.
First-degree felony: (e.g., homicide, aggravated assault) Punishable by up to 20 years in prison and fines of up to $25,000.
Second-degree felony: (e.g., burglary without causing harm, drug manufacturing) Carry penalties of up to 10 years in prison and fines of up to $25,000.
Third-degree felony: (e.g., theft of property over $2,000) May result in up to 7 years in prison and fines of up to $15,000.
Misdemeanor Classifications in Pennsylvania
Pennsylvania law also categorizes misdemeanors into three degrees. Similar to felonies, the consequences for each degree increase in severity depending on the crime.
First-degree misdemeanor: (e.g., simple assault, certain DUIs) Punishable by up to 5 years in prison and a fine of up to $10,000.
Second-degree misdemeanor: (e.g., shoplifting items under $200) May result in up to 2 years in prison and fines of up to $5,000.
Third-degree misdemeanor: (e.g., disorderly conduct) Typically carry up to 1 year in jail and fines of up to $2,500.
Offense Grading in Pennsylvania
Pennsylvania law also allows for offenses to be “graded” differently based on the circumstances surrounding the crime. For example, theft charges may escalate from a misdemeanor to a felony if the value exceeds the established $2,000 threshold or if the defendant has prior convictions.
Speak to an Experienced Criminal Defense Attorney Today
If you or someone you know is facing criminal charges, it's important to understand the difference between a felony and a misdemeanor. While both types of charges can significantly impact your life, understanding the severity of the charge can help you defend against the charges and determine the best way forward.
At Adams Kearney Law, we are experienced in handling criminal defense cases. From our offices in Ridley Park, Pennsylvania, our attorneys serve clients throughout the greater Philadelphia area, Chester County, Delaware County, and the surrounding cities. Contact us today to schedule a consultation.