What distinguishes a misdemeanor from a felony?

Each state has a body of criminal law that categorizes certain offenses as felonies and others as misdemeanors. These offenses generally appear in the state's "penal code," the vehicle code, or the health and safety code (for drug offenses).

Felonies are more serious crimes than misdemeanors. Robbery, kidnapping, rape, and murder are examples of felonies. Public drunkenness, resisting arrest, and simple battery are misdemeanors. However, the same offense might be either a misdemeanor or a felony, depending on its degree. Petty larceny (stealing an item worth less than a certain dollar amount) is a misdemeanor. Over that amount, the offense is grand theft (a felony). Similarly, the first offense of driving while intoxicated may be a misdemeanor. After a certain number of convictions for that same offense, the state may prosecute the next violation as felony drunk driving.

The federal government and most states classify felonies as all crimes that carry a maximum sentence of more than one year. Misdemeanors are offenses punishable by a sentence of one year or less. Some states, however, draw the line based on the place of possible confinement. If incarceration is in the state prison, the offense is a felony. If the offense is punishable by a term in jail (usually a county facility), it is a misdemeanor.

>>How do civil and criminal law differ?
>>What is a citation?
>>What distinguishes a misdemeanor from a felony?
>>What is the standard of proof in a criminal case?

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