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Differences between a felony and a misdemeanor - Assignment Example

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Differences between a felony and a misdemeanor

The researcher states that there are significant differences between a felony offense and a misdemeanor offense. According to Currier and Eimermann, understanding these differences is important because it helps in understanding the procedural criminal law differences. The differences between felonies and misdemeanors will also determine the magnitude of punishment that a criminal offender receives. Breach of peace is considered a crime in common law countries. Ms. Singh’s case should be addressed by classifying her crime either as a felony or misdemeanor before deciding the punishment she should receive. The aim of this paper is to bring out the distinction between a felony and a misdemeanor so as to know the punishment that one is likely to receive for the crime of breaching peace. Both felonies and misdemeanors are classes if criminal offenses that are punishable by the law. Many scholars note that the differences between a felony and a misdemeanor lie in the possible penalties that may be imposed for each type of crime. The consequences of the convictions of felonies and misdemeanors will help in determining the difference between the two classes of crime. Different jurisdictions have different punishments and criminal law procedures for felonies and misdemeanors. In order to understand the difference between a felony and misdemeanor, it is imperative to define the two terms as in the paper....
Definition of a felony The word felony has numerous definitions. The person who commits a felony is commonly referred to as a felon (Scaros, 2004). According to Currier and Eimermann (2009), a felony is defined as a significantly serious crime which is punishable either by death or a term longer than one year in a federal or state prison. Scaros (2004), on the other hand, defines a felony as a serious crime that carries a minimum term of one year or more only in a state prison because one year or less can be served in county jails. However, Emanuel (2007) notes that felons may sometimes receive sentences less than one year, depending on the limits set by the statute or the judge’s discretion. Another way in which a felony may be defined is a crime for which federal law may punish by imprisonment for more than one year or by death (Emanuel, 2007). Felonies are the crimes taken to be of high seriousness. Definition of a misdemeanor A misdemeanor is defined as a criminal offense that is less serious compared to a felony (Currier & Eimermann, 2009). Scaros (2004), defines a misdemeanor as a criminal offense that is not as serious as a felony and is usually punishable by a jail term of less than one year, a fine or both. Another scholar, Emanuel (2007), points out that a misdemeanor is defined by comparing it to a felony. The degree of seriousness of a misdemeanor is much less than that of a felony. He therefore defines a misdemeanor as an instance of misdeed or misbehavior and is considered a transgression or minor offense. Difference between a felony and misdemeanor It is important to note that both felonies and misdemeanors are criminal offenses under common law ...Show more
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Summary

This research will help to understand the distinction between the two forms of crime: felonies and misdemeanors so as know the criminal procedures that apply in each case. Misdemeanor offenses and felony offenses are both considered crimes under the laws of many jurisdictions…
Differences between a felony and a misdemeanor
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