Criminal/Felony or Misdemeanor

Serving Montgomery County, and the surrounding Maryland communities

Criminal/Felony or Misdemeanor

The Difference between Misdemeanors and Felonies

The severity of the crime determines if this is a Misdemeanor or a Felony. It's that simple. What is considered a sever crime can vary from state to state.

A felony or a misdemeanor can be committed against a person, property, or the state. Example, if you were stopped of speeding that is generally considered a misdemeanor, but if you were speeding and hit a person then it becomes a felony.

Examples of Felonies:

  • Assault: Assault if never enough can be classified as a felony. An assault is to threaten physical violence, causing fear or harm to a person. Usually a weapon is involved.
  • Battery: Usually occurs with assault, when a person cause’s physical harm to another person may include a weapon.
  • Arson: When a person sets fire to a building or natural habitat, such as; a forest, intentionally.
  • Rape: The act of non-consensual sex.
  • Murder: Also known as homicide is when one person kills another person.

Some states divide felonies into groupings, call degree. The lower the number the more sever the punishment. A First-degree murder (called premeditated) is considered much more sever then a Second-degree murder (not premeditated).

Examples of Misdemeanors:

  • Speeding - Disobeying the speed limit
  • Trespassing - Unlawful intrusion, but does not include theft/burglary
  • Vandalism - Intentional destruction of someone's property
  • Second Degree Assault - Assaults not committed with a weapon
  • Carrying a concealed weapon - state with no provision protecting an individual’s right to keep and bear arms. 
  • DUI - Driving under the influence

Most misdemeanors do not include incarceration. They usually involve paying a fine and/or performing community service, or serving probation..

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