Differences between felony, misdemeanor and infraction in the United States
If you live in the U.S., knowing the difference between a felony, a misdemeanor, and an infraction can save you legal trouble. Penalties range from simple fines to years in prison. We'll explain what each category entails and when you need a lawyer.
Understanding the differences between felony, misdemeanor, and infraction is important to understanding the legal system in the United States.
These terms refer to different levels of severity of a crime , and the associated legal consequences can vary significantly between them.
In this article, we will explore the differences between felonies, misdemeanors, and infractions, how they are classified , and the possible legal consequences of each.
What is a felony?
A felony is a serious crime punishable by more severe penalties than minor offenses , also known as misdemeanors or infractions. In many legal systems, a felony is considered a more serious crime than a misdemeanor and can result in longer prison sentences, higher fines, and other significant legal consequences. These serious crimes can include offenses such as:
- Murder.
- Kidnappings.
- Violations.
- Armed robbery.
- Drug trafficking.
- Fraud.
- Tax evasion.
- Arson fires.
People convicted of felonies are almost always imprisoned for longer periods , and the conditions of imprisonment are almost always more severe.
What is a misdemeanor?
A misdemeanor is a type of legal infraction considered less serious than a felony . These offenses, also known as minor infractions or misdemeanors, are usually punished with less severe penalties and may include actions such as:
- Driving under the influence of alcohol.
- Petty theft.
- Traffic violations.
- Possession of small quantities of drugs, among others.
Penalties for minor offenses are usually fines, probation, community service , or short jail terms compared to the longer penalties associated with felonies.
What is a violation?
An infraction is a violation of a norm , rule, or law established by a competent authority, such as a government or organization . It refers to an act or behavior that is prohibited by law or regulations and may result in sanctions or penalties, but is generally not considered as serious as a misdemeanor or felony.
Infractions can encompass a wide variety of actions, from traffic violations, such as speeding, to violations of municipal regulations , such as the prohibition of smoking in designated areas. Penalties for infractions are usually monetary fines , although they can also include written warnings, confiscation of property, or community service.
What is a “wobbler” crime?
A "wobbler" crime is a legal term used in some U.S. states to refer to a crime that can be considered both a misdemeanor and a felony , depending on the severity of the crime.
To reach a decision, a prosecutor may choose to prosecute a "wobbler" offense as a misdemeanor or as a felony, at their discretion and depending on the severity of the crime.
The decision may be based on factors such as the defendant's criminal history and the seriousness of the acts.
When do you need to call a lawyer?
Lawyers are those contacts you should always have in your phone's address book , because you never know when you'll need one. If you find yourself in any of these situations, we recommend calling your lawyer:
- If you are arrested or face criminal charges.
- If you are in the process of divorce, child custody, child support and adoption.
- If you have suffered injuries due to a car accident, work accident, medical negligence or other incident.
- If you are being evicted or have disputes with landlords.
- If you are suffering from discrimination, workplace harassment, wage disputes and unfair termination of employment.