法律英语：82 A Felony and a Misdemeanor

by Michael W. Flynn

First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed² to practice in your jurisdiction³. Further, I do not intend to create an attorney-client relationship with any listener.

Today’s topic is the difference between a misdemeanor and a felony. In previous episodes, I have mentioned that the law treats misdemeanors and felonies differently. In response, several listeners have written questions asking what the differences are between a misdemeanor and a felony, and why some crimes seem to be both.

The fundamental distinction between felonies and misdemeanors rests with the penalty and the power of imprisonment⁵. The dividing line between felonies and misdemeanors is not whether someone convicted of a particular crime must be punished by a specific time in jail, but whether such person may be punished for a certain length of time or in a specific type of prison.

In states that maintain a death penalty, all crimes punishable by death are felonies. In some states such as New York, New Hampshire and Rhode Island, a crime is a felony if it is punishable by more than one year in jail. In other states, such as Arizona and Wisconsin, a crime is a felony if it is punishable by imprisonment in a state prison or penitentiary⁶.

A misdemeanor is generally a crime that is punishable for a year or less in prison, or only in a county or local jail.

Some states, such as California, have alternative felony/misdemeanor crimes, also known as wobblers. A wobbler is a crime that can be charged as a felony or a misdemeanor based on the circumstances. A wobbler can also be charged as a felony but reduced to a misdemeanor by the sentencing court pursuant to a statute⁷.

Most states also have infractions, which are acts that are against the law, but only punishable by a fine. Traffic violations⁸ are the most common examples.

Some crimes can be either a felony or a misdemeanor based on an additional element or aggravating⁹ characteristic. For example, simply punching someone in a bar fight might be misdemeanor battery, but punching them while using brass¹⁰ knuckles¹¹ might be a felony based on the use of a weapon. Or, possession of a small personal amount of marijuana might be a misdemeanor, while possessing twenty pounds of pot might lead to felony charges based on the volume of the drug.

There are not many differences in the procedural prosecution¹² of felonies and misdemeanors. All require that the government bring some sort of formal charges against you, and accord you due process of law. However, the state needs to follow more formal procedures to prosecute¹³ you for a felony. For example, an accused can be prosecuted¹⁴ for a misdemeanor in court without an indictment¹⁵ or a preliminary hearing. The difference might also affect how a person appeals the conviction. For example, in California, a person convicted of a misdemeanor appeals to a different court than a person convicted of a felony.

Being convicted of a felony, as opposed to a misdemeanor, can have serious consequences. In addition to the longer punishment, a person convicted of a felony loses the right to possess firearms or obtain certain licenses¹⁶, such as a hunting or a fishing license¹. In some states, a convicted felon⁴ loses the right to vote. A felon is required to disclose his status when applying for jobs. A repeat felon can face much harsher punishments, especially in states that maintain three-strikes laws.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁷ Life. Be sure to check out all the excellent Quick and Dirty Tips podcasts at QuickAndDirtyTips.com.

You can send questions and comments to。。。。。。or call them in to the voice-mail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.

 

1 license   

n.执照，许可证，特许；v.许可，特许

参考例句：

• The foreign guest has a license on the person.这个外国客人随身携带执照。
• The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

2 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

3 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

4 felon   

n.重罪犯；adj.残忍的

参考例句：

• He's a convicted felon.他是个已定罪的重犯。
• Hitler's early "successes" were only the startling depredations of a resolute felon.希特勒的早期“胜利 ”，只不过是一个死心塌地的恶棍出人意料地抢掠得手而已。

5 imprisonment   

n.关押，监禁，坐牢

参考例句：

• His sentence was commuted from death to life imprisonment.他的判决由死刑减为无期徒刑。
• He was sentenced to one year's imprisonment for committing bigamy.他因为犯重婚罪被判入狱一年。

6 penitentiary   

n.感化院；监狱

参考例句：

• He worked as a warden at the state penitentiary.他在这所州监狱任看守长。
• While he was in the penitentiary her father died and the family broke up.他坐牢的时候，她的父亲死了，家庭就拆散了。

7 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

8 violations   

违反( violation的名词复数 )； 冒犯； 违反（行为、事例）； 强奸

参考例句：

• This is one of the commonest traffic violations. 这是常见的违反交通规则之例。
• These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。

9 aggravating   

adj.恼人的，讨厌的

参考例句：

• How aggravating to be interrupted! 被打扰，多令人生气呀！
• Diesel exhaust is particularly aggravating to many susceptible individuals. 许多体质敏感的人尤其反感柴油废气。

10 brass   

n.黄铜；黄铜器，铜管乐器

参考例句：

• Many of the workers play in the factory's brass band.许多工人都在工厂铜管乐队中演奏。
• Brass is formed by the fusion of copper and zinc.黄铜是通过铜和锌的熔合而成的。

11 knuckles   

n.（指人）指关节( knuckle的名词复数 )；（指动物）膝关节，踝v.（指人）指关节( knuckle的第三人称单数 )；（指动物）膝关节，踝

参考例句：

• He gripped the wheel until his knuckles whitened. 他紧紧握住方向盘，握得指关节都变白了。
• Her thin hands were twisted by swollen knuckles. 她那双纤手因肿大的指关节而变了形。 来自《简明英汉词典》

12 prosecution   

n.起诉，告发，检举，执行，经营

参考例句：

• The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
• He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

13 prosecute   

vt.告发；进行；vi.告发，起诉，作检察官

参考例句：

• I am trying my best to prosecute my duties.我正在尽力履行我的职责。
• Is there enough evidence to prosecute?有没有起诉的足够证据？

14 prosecuted   

a.被起诉的

参考例句：

• The editors are being prosecuted for obscenity. 编辑因刊载污秽文字而被起诉。
• The company was prosecuted for breaching the Health and Safety Act. 这家公司被控违反《卫生安全条例》。

15 indictment   

n.起诉；诉状

参考例句：

• He handed up the indictment to the supreme court.他把起诉书送交最高法院。
• They issued an indictment against them.他们起诉了他们。

16 licenses   

n.执照( license的名词复数 )v.批准，许可，颁发执照( license的第三人称单数 )

参考例句：

• Drivers have ten days' grace to renew their licenses. 驾驶员更换执照有10天的宽限期。 来自《现代汉英综合大词典》
• Jewish firms couldn't get import or export licenses or raw materials. 犹太人的企业得不到进出口许可证或原料。 来自辞典例句

17 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。