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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

What is the Difference Between a Felony and a Misdemeanor?

In criminal law, most crimes are divided into one of two categories: felonies and misdemeanors. There are some major differences between the two types of crimes, both in terms of time served and the impact they could have on a convict’s life. So what is the difference between a felony and a misdemeanor, and why does it matter?

Defining Misdemeanors and Felonies

Put simply, a misdemeanor refers to any criminal offense with a maximum jail sentence of no more than one year. These tend to be criminal offenses that are considered less severe, such as petty larceny, trespassing, public intoxication, or vandalism. In New York, misdemeanors are further divided into Class A and Class B misdemeanors:

  • Class A misdemeanors have a maximum jail sentence of one year, or alternatively a maximum of three years of probation. They may also be fined up to $1000.
  • Class B misdemeanors have a maximum jail sentence of three months, or alternatively a maximum of one year of probation. They may also be fined up to $500.

By comparison, a felony is any criminal offense with a maximum prison sentence of more than one year. These tend to be more severe crimes, such as aggravated assault, grand larceny, sexual assault, and murder. In New York, felonies are divided between five categories depending on their severity, ranked in severity from E for the least severe to A for most severe. They are also divided between violent and non-violent felonies, with violent felonies getting more severe punishments.

There are also certain offenses that can be either a misdemeanor or felony, depending on the severity of the charges against them. For example, third degree assault is a misdemeanor, while second and first degree assaults are considered felonies. Additionally, some crimes increase in severity for people who are repeat offenders, such as with people who are repeatedly convicted of driving while intoxicated (DWI).

Differences Before Conviction

One of the most important distinctions between misdemeanors and felonies in New York law is that most people accused of a misdemeanor are not assigned bail before trial. The same is also true for most people accused of non-violent felonies. This means they can keep their jobs and go about their daily lives while fighting their criminal case. This gives them a much better chance to exercise their rights and fight the charges against them.

Anyone accused of a felony, particularly a violent felony, is not necessarily so lucky. While many non-violent defendants can be released without bail, some may be assigned bail that they will need to pay to remain out of jail. And some accused of felonies may be remanded without bail, meaning they are kept in jail before trial without an opportunity to bail themselves out.

Differences After Conviction

Anyone convicted of a misdemeanor or a felony will see significant changes in their lives, even once they have served their time. For example, many employers require disclosure of your previous criminal history before they will hire you. Although they are not supposed to discriminate based on your criminal history, many do so anyway, and they can fire you if you lie about your criminal record on a job application.

Convicted felons have it even harder, however. Many professional certifications are unavailable to convicted felons, and it can become substantially harder to get access to loans, grants, or other forms of financing needed to get an education or start a business. It may also affect your access to certain public benefits, such as housing or nutrition assistance. If you are a legal immigrant, your immigration status could also be endangered depending on what you were convicted of. These consequences, and more, are why you should seek out the guidance of an experienced criminal law attorney.

If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.

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Reviews

Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
Daslin helped so much in reducing my traffic ticket. All points were absolved, and I just had to pay a fee. I highly recommend!
Response from the owner:Thank you Yanni. We're proud of our staff and their commitment to excellence and professionalism. We are so happy to have been able to help you.
I couldn't be more pleased with the service. When I found myself in a frustrating traffic ticket situation, their team clearly explained my options, answered my questions, and resolved the issue. My ticket was reduced to 0 points and just a small fee. Special thanks to Daslin!
Response from the owner:Thank you John. So glad we could help.
Response from the owner:Thank you Edgar!
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