Legal Terms, Essay Example

Felony

A felony in US Criminal law is defined as a grave crime like that of rape, murder, arson etc. and is given a more stringent sentence than that of a misdemeanour.  Other examples being auto theft and assault with a deadly weapon. Virtually all those people convicted of felony offenses will spend time in Jail. The Federal Government recommends that a minimum of 1 years imprisonment should be applied to all convicted of felony offences.

Misdemeanour

In very basic terms a misdemeanour is a conviction for a meagre crime. Such crimes typically do not cause harm or violence to society. Examples are petty theft, resisting arrest, burglary, shoplifting, being intoxicated and in certain states being in possession of marijuana.  Such crimes normally attract stiff fines or community service but rarely attract prison sentences. This differs where the case of auto theft is concerned and this is then treated as a felony offense.  Where the crime may be more serious like that of burglary that contained assault it may be converted to a felony and involve prison sentences.

Distinguishing Characteristics

Felony

• Serious crime that will attract a prison sentence
• Federal Government recommends minimum 1 year Jail sentence
• Restrictions placed on their rights:
  • Cannot be in the military
  • Cannot own guns
  • Cannot serve on juries
  • Cannot vote in elections

Misdemeanour

• Petty offence
• Normally involves a fine or short jail entence (Laws.com, 2011)

Works Cited

Laws.com. (2011). Misdemeanor vs Felony. Retrieved 6 25, 2011, from Laws.com: http://criminal.laws.com/felony/misdemeanor-vs-felony