Criminal Defense Lawyer - The Difference Between Felonies and Misdemeanors

If you are thinking of hiring a criminal defense lawyer, the law professional you end up with will want to be sure that you know the difference between felonies and misdemeanors. This will help you determine just how much representation you need.

Of course, the definitions for misdemeanors and felonies do vary from jurisdiction to jurisdiction, simply because state legislatures play a role in defining what crimes fall into these two categories. That said, there are some generalizations that can help you as you decide whether or not to hire an attorney.

Usually, the difference lies in the severity of the crime. More severe crimes are labeled as felonies, while less severe crimes are labeled as misdemeanors. The punishments also tend to be different. Felonies typically carry more prison time and higher fees, while misdemeanors may not require prison time at all, with community service and probation as an option instead, and also carry much smaller fines. Only felonies, and only the most serious felonies, can end with the death penalty.

Some crimes seem to be labeled as felonies no matter what state you are in. If you are accused of one of these, you will always be best off with the help of a criminal defense lawyer, because the penalties can be quite stiff. Common felonies include assault, battery, arson, rape, and murder. Of these, assault may not be considered a felony if it is not severe. Assault is the threatening of physical harm on someone, while battery is the carrying out of physical harm on someone.

Some states will separate felonies based on the severity of the crime, known as degree. The lower the degree of the felony, the more severe the crime is, such as in first-degree murder, which is the most serious form of murder because it was premeditated. Second-degree murder, on the other hand, is not premeditated, but happens more spontaneously. This makes it slightly less severe.

Misdemeanors, depending on how severe they are, may not require legal help. Speeding, trespassing, vandalism, and public intoxication leading to unruly behavior are all examples of misdemeanors in most states. These can be subdivided depending on the laws of the state. The divisions of misdemeanors are typically labeled as classes, not degrees.

Once you know what type of crime you have been accused of, you can make a better decision about hiring a criminal defense lawyer. These legal professionals work with both types of cases, but you may find one to be more important in a felony case simply because of the stiff penalties. However, misdemeanors do mean you end up with a criminal record, so you may benefit from legal counsel. Keep in mind that anyone who is accused of a crime can have an attorney appointed for them, even if they cannot afford one. Public defenders are paid by the state to help alleged criminals with their cases in court, because everyone has the legal right to representation when facing a jury.