Poughkeepsie Felony and Misdemeanor Lawyer

What's a Felony?

A felony is the most serious type of crime. The term felony is not uniform throughout the United States, while the federal government defines felony as a crime with a punishment of more than one year, states are less strict about the definition. Maine and New Jersey do not classify their criminal offenses at all. Some states use the term felony, but do not define it.

However, most states, 43 in all, use and define the term typically by reference to either the length of a sentence or the place of incarceration, sometimes both. For instance, Idaho defines a felony as "a crime punishable by death or by imprisonment in the State prison", while Georgia defines the term as "a crime punishable by death, imprisonment for life, or imprisonment for more than 12 months." Still, other states will define felony by reference to the length of sentence and the place the sentence will be served.

Typically, though a sentence of more than one year that will be served in a state or federal prison will be considered a felony. As with misdemeanors, Federal law breaks down classifications for felonies using sentencing guidelines by the amount of prison time.

• Class A felony - life imprisonment or the death penalty;
• Class B felony - twenty-five or more years;
• Class C felony - less than twenty-five years, but more than ten years;
• Class D felony - less than ten years, but more than five years; or
• Class E felony - less than five years, but more than one year.

Since the punishments can be so severe, a criminal procedure must be strictly observed so that the defendants' rights stay protected. Felonies are usually crimes that are viewed severely by society and include crimes such as murder, rape, burglary, kidnapping, or arson. However, felonies can also be punished in a range of ways so that the punishment matches the severity of the crime.

What's a Misdemeanor?

Misdemeanors are more serious than infractions. Under federal law and in most states, a misdemeanor is a criminal offense that carries a potential jail term of less than one year. Some states define a misdemeanor as a crime that is not a felony or an infraction. Just as infractions are sorted into classes misdemeanors are as well. Under the federal sentencing guidelines, the classes are divided up by the maximum imprisonment for the offense.

• Class A misdemeanor - one year or less, but more than six months;
• Class B misdemeanor - six months or less, but more than thirty days; or
• Class C misdemeanor - thirty days or less, but more than five days.

Typically, jail time is served in a local county jail instead of a high security prison. Prosecutors generally have a great degree of flexibility in deciding what crimes to charge, how to punish them, and what kinds of plea bargains to negotiate.