What Are the Differences Between a Felony and a Misdemeanor?
Feb. 16, 2025
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riminal offenses fall into distinct categories, felonies and misdemeanors. The Hardin Law Firm believes that understanding these classifications is vital for anyone seeking clarity on criminal charges.
These distinctions not only determine the severity of the offense but also influence potential penalties and long-term consequences. Felonies and misdemeanors represent significant legal concepts that carry implications for individuals facing charges.
By gaining a deeper understanding of these classifications, you can make informed decisions about your defense options.
The Differences Between Felonies and Misdemeanors
Felonies and misdemeanors are separated by the severity of the crime, the punishment involved, and their impact on a person’s record. Below are the primary distinctions:
Severity of the crime: Felonies are considered more serious offenses, including acts like murder, robbery, and drug trafficking. Misdemeanors typically cover less severe crimes, such as trespassing or shoplifting.
Punishments: Felonies carry harsher penalties, often involving lengthy prison sentences, substantial fines, or both. Misdemeanors, on the other hand, generally lead to shorter jail terms, smaller fines, or probation.
Lasting impacts: A felony conviction can result in the loss of certain civil rights, such as voting or owning firearms. Misdemeanors may still appear on a background check but don’t typically involve the same level of long-term restrictions.
Reviewing these distinctions is essential for anyone accused of a crime because they can shape the defense strategy and the possible outcomes of a case.
The Classification of Felonies in Missouri
Felonies in Missouri are categorized into five classes: Class A through Class E, with Class A being the most serious. Each class carries specific sentencing guidelines:
Class A felonies:
Offenses: First-degree murder, large-scale drug trafficking
Sentences: 10 years to life imprisonment
Class B felonies:
Offenses: Second-degree murder, certain sexual offenses
Sentences: 5 to 15 years in prison
Class C felonies:
Offenses: Robbery in the second degree, certain types of burglary
Sentences: 3 to 10 years in prison
Class D felonies:
Offenses: Forgery, identity theft
Sentences: Up to 7 years in prison
Class E felonies:
Offenses: Resisting arrest, property damage
Sentences: Up to 4 years in prison
The Hardin Law Firm LLC has handled numerous felony cases, providing their clients with criminal defense strategies tailored to the specific circumstances of their charges.
Classification of Misdemeanors in Missouri
Misdemeanors are also divided into categories, though there are fewer than for felonies. The classes range from Class A to Class C, with infractions sometimes considered a lesser category.
Class A misdemeanors:
Offenses: Assault in the third degree, DUI (first offense)
Sentences: Up to 1 year in jail and fines up to $2,000
Class B misdemeanors:
Offenses: First-time marijuana possession (small amounts)
Sentences: Up to 6 months in jail and fines up to $1,000
Class C misdemeanors:
Offenses: Certain traffic violations, public intoxication
Sentences: Up to 15 days in jail and fines up to $750
Infractions:
Offenses: Minor traffic violations
Sentences: Fines only, no jail time
Misdemeanor charges may seem minor compared to felonies, but they can still have significant consequences. Attorney Steven Hardin often advises clients on minimizing the impact of such charges through effective criminal defense tactics.
Factors That Influence Sentencing
Several factors determine how individuals are charged and sentenced for crimes in Missouri. These factors may include:
Criminal history: Repeat offenders often face harsher penalties compared to first-time offenders.
Nature of the crime: Violent crimes or offenses involving minors usually result in stricter punishments.
Presence of aggravating or mitigating circumstances: Certain conditions, such as committing a crime with a weapon, can lead to more severe sentences while mitigating factors might result in reduced penalties.
Level of cooperation: Cooperation with law enforcement or showing remorse can sometimes influence sentencing.
The Hardin Law Firm’s Attorney Steven Hardin works diligently to present mitigating evidence and highlight positive aspects of their clients’ situations.
Legal Implications of Felony Convictions
Felony convictions can affect multiple aspects of life beyond the courtroom. Some of these include:
Employment: Many employers conduct background checks, and felony convictions can limit job opportunities.
Housing: Some landlords might refuse to rent to individuals with felony records.
Civil rights: Felony convictions can lead to the loss of voting rights, firearm ownership, and eligibility for certain professional licenses.
Educational opportunities: Some schools and training programs may deny admission to applicants with felony records.
Felonies carry severe repercussions that can hinder personal and professional growth. Addressing these charges with an experienced criminal defense lawyer is crucial for protecting one’s future.
Legal Implications of Misdemeanor Convictions
Although less severe, misdemeanor convictions can also carry lasting effects, such as:
Background checks: Convictions may appear during routine checks, impacting job or housing prospects. This can be particularly challenging for individuals seeking positions that require a clean criminal record or involve sensitive responsibilities.
Increased penalties for future crimes: Repeated misdemeanors can lead to harsher sentencing. The accumulation of offenses may result in the individual facing felony charges or longer sentences in the future.
Public perception: While less damaging than felonies, misdemeanors can still affect reputations. People may view individuals with misdemeanor convictions as less trustworthy or reliable, regardless of the circumstances.
Professional licensing: Certain misdemeanors may prevent individuals from obtaining or renewing professional licenses. This is especially true for professions that involve working with vulnerable populations or require a high degree of trust and responsibility.
Misdemeanor convictions aren't without their challenges, and it’s essential to address these charges with a solid legal defense. The Hardin Law Firm has extensive experience helping clients mitigate the impact of misdemeanor charges.
Expungement Options in Missouri
Missouri allows for the expungement of certain criminal records, which can help individuals move forward with their lives. The eligibility criteria and process include:
Eligible offenses: Some non-violent felonies and misdemeanors may qualify. However, serious offenses such as violent crimes or those involving significant harm typically don't meet the criteria for expungement. Each case is reviewed individually to assure eligibility based on the nature of the offense and the individual’s record.
Waiting periods: Typically, felonies require a seven-year wait, while misdemeanors require three years. The waiting period starts from the completion of the sentence, including probation or parole. If the individual commits a new crime during this time, the waiting period may reset or become invalid.
Filing a petition: Individuals must file a petition with the court, demonstrating that they’ve met all requirements. The petition usually includes details about the offense, sentencing, and rehabilitation efforts, along with supporting documentation. The court may schedule a hearing to review the petition and hear any objections from prosecutors or victims.
Expungement doesn’t erase the record entirely but removes it from public view. This can be crucial for employment, housing, and personal growth. When facing criminal charges, having a skilled legal firm makes a significant difference.
The Hardin Law Firm has decades of experience handling Missouri criminal defense cases, offering clients the best possible representation. Attorney Hardin’s firm understands Missouri’s legal system, helping clients achieve favorable outcomes.
Contact a Criminal Defense Attorney Today
For anyone facing criminal charges in St. Louis County, Missouri, and the surrounding counties, consulting with Attorney Hardin and his firm provides reassurance that their case is in capable hands. Contact the The Hardin Law Firm LLC today to begin the process.