In m any states, crimes are usually divided or broken down into two major categories of misdemeanors and felonies. The main difference based on this classification is usually in the form or type of punishment that can be meted out on the commission of either offense. Thus, it is the amount of jail time that an offender once convicted can be sentenced to serve in incarceration that forms the primary difference between these two categories of crimes.
Dear client, please refer to the above subject. A misdemeanor is a crime that involves petty offences involving violations that are normally punishable by a simple short jail term or a fine. Normally, a misdemeanor attracts a sentence of less than one year while a felony attracts a jail term of more than a year behind bars (Zhang & Diza, 2014). Moreover, misdemeanors are more often than not handled or tried by lower courts like Magistrate or local, county or District courts in the United States. On the other hand, a felony is a serious crime that is tried mostly by higher courts such as High Courts and Federal Courts. In the US, felonies are classified further into degrees depending on the intent formed by the defendant during or prior to the commission of the alleged offense (Falk, 2010). First degree is murder or homicide that attracts death sentence while second degree attracts manslaughter charges whereby one is sentenced to life imprisonment.
Examples of misdemeanors are assault, theft, indecent exposure, traffic violations such as speeding or driving with a license or insurance and DUI, breach of peace. On the other hand, felonies may include murder, rape, sale or trafficking in illegal drugs, arson, grand or aggravated theft and kidnapping.
Being a misdemeanor, a breach of peace or disturbing of peace in other states can only attract a jail term of not more than one year, usually six months or be ordered to pay a fine as reparation or both. This is therefore in the court’s judicial discretion. Therefore, there can never be a death sentence for a mere infraction or altercation in public. Only a crime that results in the death of a victim attracts a death penalty, and then only if malice aforethought is proved beyond reasonable doubt by the prosecution (Baugh, 2011) For instance, under the California Penal Code 415 PC, the maximum possible penalties or charges for a crime of disturbing the peace include jail term of up to 90 days in county jail, a fine not exceeding $400 or both. This is relatively more or less the same in other states’ penal codes for a misdemeanor of breach of peace.
References
Baugh, D. P. (2011). The consequences of criminal convictions for misdemeanor or felony offenses. Washington and Lee Journal of Civil Rights and Social Justice, 18(1), 54-71. Retrieved May 1, 2016, from scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1330
Falk, G. (2010). The American criminal justice system: How it works, how it doesn't and how top fix it. Santa Barbara, California: Greenwood Publishing Group.
Zhang, R. M., & Diza. (2014). California misdemeanor maximum penalty reduction from 365 to 364 days brings relief to some noncitizens - See more at: http://asianjournal.com/immigration/california-misdemeanor-maximum-penalty-reduction-from-365-to-364-days-brings-relief-to-some-noncitiz. Asian Journal, 1-10. Retrieved May 1, 2016, from http://asianjournal.com/immigration/california-misdemeanor-maximum-penalty-reduction-from-365-to-364-days-brings-relief-to-some-noncitizens/
