Criminal charges generally fall into two main categories: misdemeanors and felonies. The primary difference between misdemeanors and felonies is the potential punishment. Misdemeanors are classified as either first degree, which may carry up to one year in jail and a fine of up to $1,000, or second degree, which may carry up to 60 days in jail and a fine of up to $500. Some offenses have different penalties. For example, a first-time reckless driving charge carries a maximum fine of $500 and up to 90 days in jail. Felonies are generally divided into five categories: third degree, punishable by up to five years in prison and a fine of up to $5,000; second degree, punishable by up to 15 years in prison and a fine of up to $10,000; first degree, punishable by up to 30 years in prison and a fine of up to $10,000; life felony, punishable by up to life in prison and a fine of up to $15,000, often with mandatory minimum sentences; and capital felony, which may carry the death penalty.
Many people assume the seriousness of conduct determines whether a charge is a misdemeanor or a felony, but that can be misleading. Some offenses commonly viewed as misdemeanors may be charged as felonies under certain circumstances, this is sometimes called “up charging.” For example, petit theft can become a third-degree felony after two prior theft convictions, even if the new allegation involves theft of a piece of bubble gum. Another commonly “up charged” offense is battery. Battery is not just punching, hitting, and kicking it can arise from conduct such as throwing water on someone or taking a phone from another person’s hand. A first offense like those is charged as a first-degree misdemeanor, but a second offense can be charged as a third-degree felony.
As with many areas of law, important nuances can significantly affect the possible punishments and outcome of a case. Having knowledgeable legal assistance is essential to understanding those nuances and pursuing the best possible result.
About the Author: Ms. Angel is a criminal defense attorney having handled more than 8,000 criminal cases. She has years of experience as both prosecutor and public defender, as well as a law enforcement officer.
This article is for general information only and is not intended as and does not constitute legal advice or solicitation of a prospective client. It should not be relied on for legal advice in any particular factual circumstance.