Stephen R. Leffler Criminal Law Blog on Lawyers.com

What is the Difference Between a Felony and a Misdemeanor?

Wednesday, August 4, 2010 by Stephen R. Leffler

Generally speaking, misdemeanors are crimes where the offender can be incarcerated for no more than one year. Crimes that carry a minimum jail time of more than one year are generally felonies. It is also usually safe to say that any crime that is not a felony is, by its nature, a misdemeanor.

Sometimes, misdemeanor versus felony status is determined by the dollar value of missing or damaged property. Some states say that if the loss or damage incurred costs less that $250, the crime is a misdemeanor.

Under Memphis criminal laws, if you commit a misdemeanor before you turn eighteen, such as petty theft or disturbing the peace, those records can be cleared after you turn eighteen. This is not always the case if you are charged with a felony. Also, arrest records may still exist following a felony even if you are not convicted, which could prove problematic when you seek employment.

Some crimes bar you from employment in certain fields regardless of their misdemeanor or felony status. For example, any crime that causes you to register for life as a known sex offender prevents you from being employed in any position that places you in regular, direct contact with children.

Misdemeanor crimes usually do not bar you from seeking employment in either law enforcement or the armed forces, and some felonies may be overlooked when being considered against such employment if you can prove changes in your behavior since the commission of the crime. Most felony convictions, though, prevent you from working in most branches of the military and may even prevent you from receiving certain security clearances in the private sector.

Some lawyers and experts feel that the distinction between felonies and misdemeanors can be arbitrary at times. Some crimes that are considered misdemeanors in one state or jurisdiction may be considered felonies in others.

Experienced memphis criminal defense attorneys

If you live in Tennessee and believe you need help with a criminal defense in Memphis or a personal injury case, contact our Memphis law offices.

Law Office of Stephen R. Leffler, PC
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Memphis, Tennessee 38105

Posted at 08:03 AM

Topic: Criminal Law