Although misdemeanors and felonies are both classifications of crimes, they are different and carry different possible punishments. Misdemeanors are lesser crimes that typically carry sentences of fines or short jail sentences of a year or less. Felonies are more serious crimes with punishments that may range from hefty fines and numerous years in prison.
There are two main categories of criminal offenses: crimes against persons and crimes against property. A crime against property is a crime that is directed at an individual’s home or personal property.
A crime against a person involves bodily harm or injury to another individual. Common examples of felony crimes against property may include, but are not limited to:
- Burglary: Burglary is the unauthorized breaking and entering into an individual’s home or other structure, with the intent to commit a felony crime inside, such as rape;
- Arson: Arson is committed when an individual maliciously burns or chars property, for example, a home. An individual can commit arson to the property of another individual or to their own property;
- Embezzlement: Embezzlement is the fraudulent conversion, or stealing, of an individual’s personal property by an individual who is in lawful possession of the property;
- It generally occurs when an individual who has been entrusted with another individual’s property takes that property for their own use;
- Larceny: Larceny occurs when an individual unlawfully takes another individual’s property;
- It is important to note that the defendant must have intended to permanently deprive the other individual of their property in order for the crime to be considered larceny;
- In certain states, larceny is called theft;
- If the value of what is stolen is significant, a defendant may be convicted of felony larceny;
- Robbery: Robbery involves taking another individual’s property by using force or the threat of force;
- More simply put, robbery consists of larceny by force; and
- False pretenses: False pretenses involves obtaining the title to another individual’s personal property when a defendant makes an intentionally false statement that is intended to defraud the other individual.
Examples of felony crimes against the persons include, but may not be limited to:
- False imprisonment: False imprisonment is the intentional limitation or restriction of the movement of another individual without their consent. It is classified as a felony crime if the individual who was falsely imprisoned is a child or if force was used to commit the false imprisonment;
- Kidnapping: Kidnapping involves carrying away, detention, or confinement of another individual against their will;
- Kidnapping is different from false imprisonment in that kidnapping involves the movement of another individual, while false imprisonment involves confining another individual;
- Murder: Murder is the intentional killing of another individual;
- Manslaughter: Manslaughter is the killing of another individual without the intent to kill the individual; and
- Felony murder: Felony murder is a murder that occurs when a defendant is committing an inherently dangerous felony;
- Inherently dangerous felonies include:
- Rape;
- Robbery;
- Burglary;
- Arson;
- Kidnapping.
- Inherently dangerous felonies include:
There are many criminal offenses that may be classified as a misdemeanor or as a felony. With crimes against property, the more severe the property destruction or, the higher the value of the property that was stolen, the more likely the crime will be classified as a felony.
With crimes against persons, the more serious the harm the victim suffers, the more likely the crime will be charged as a felony. Examples of factors that may increase the likelihood of a crime being charged as a felony:
- The use of force;
- The use of a weapon;
- Committing the crime against:
- a child;
- an elderly individual;
- a member of law enforcement.