What’s the Difference Between Misdemeanors & Felonies?

When faced with a criminal charge, understanding the classification of your offense is critical. Crimes in the U.S., including Alabama, are divided into three main categories: infractions, misdemeanors, and felonies. These classifications impact not only the severity of potential penalties but also the long-term consequences. Here, we’ll break down the differences between these categories, what they mean for you, and why retaining legal counsel early can help improve your outcome and reduce some of the stress of navigating the legal system.

Severity: From Minor Offenses to Major Crimes

Criminal offenses are categorized by their level of seriousness:

• Infractions: Infractions are the least serious type of offense.
• Misdemeanors: Misdemeanors are more serious than infractions. In Alabama, misdemeanors are further divided into three classes (A, B, and C), with Class A being the most serious.
• Felonies: Felonies are the most severe offenses. Alabama classifies felonies into Classes A, B, C, and D, with varying penalties depending on the class.

The Price of Breaking the Law: Punishments Explained

Consequences of Infractions

Infractions usually result in fines. There is no jail time associated with these offenses.

Consequences of Misdemeanors

Misdemeanor penalties can include jail time served in county facilities, probation, fines, or community service. For example, a first-time DUI in Alabama might result in several months in jail, depending on the circumstances.

Consequences of Felonies

Felony convictions carry the harshest penalties, including lengthy prison sentences, substantial fines, or even life imprisonment. They can result in a loss of rights, including your right to vote or own a firearm. These sentences are typically served in state or federal prisons. In Alabama, some felonies, such as capital murder, can even result in the death penalty.

Where Will You Serve Time? Jail vs. Prison

• Misdemeanors: Jail sentences are typically served in county facilities.
• Felonies: Prison sentences are carried out in state or federal prisons.

Legal Rights and Representation

It’s important to note that with infractions, you are not entitled to a jury trial or court-appointed counsel. These cases are usually resolved quickly in administrative proceedings. However, both misdemeanors and felonies entitle you to legal representation and a jury trial. Having a skilled attorney can make a significant difference in the outcome of your case, especially if felony charges are involved.

Examples of Crimes in Alabama by Category

Here’s a breakdown of the types of crimes you might encounter in Alabama, categorized by severity.

Infractions

These offenses are often regulatory in nature and don’t create a criminal record. Examples include:

• Driving without a license
• Driving with a suspended license
• Driving without insurance
• Illegal U-turn
• Minor traffic violations
• Littering
• Removing a shopping cart from shop premises

Misdemeanors

In Alabama, misdemeanors are divided into three classes based on the severity of the crime:

Class C

Class C misdemeanors are the least severe type but can still result in fines or short jail sentences. Examples include:

• Disorderly conduct
• Harassment
• Public lewdness
• Trespassing on fenced or enclosed property
• Open container violation

Class B

Class B misdemeanors are moderately serious offenses that often involve harm to property or individuals. Examples include:

• Resisting arrest
• Unlawful assembly
• Tampering with a witness
• Cruelty to animals
• Second-degree stalking
• Menacing behavior

Class A

Class A misdemeanors are the most serious and can lead to up to one year in jail. Examples include:

• Third-degree domestic violence
• Fourth-degree theft (property value not exceeding $500)
• Indecent exposure
• Possession of drug paraphernalia
• Sexual misconduct
• First-degree trespassing
• Third-degree assault

Felonies

Felonies are the most serious criminal offenses, often involving significant harm to others or society. Alabama classifies felonies into four categories based on severity:

Class D

Class D felonies are the least severe offenses but still carry substantial penalties. Examples include:

• Theft of property valued between $500 and $1,500
• Possession of controlled substances for personal use

Class C

Class C felonies involve more severe harm or illegal activity. Examples include:

• Third-degree robbery
• First-degree stalking
• Interference with custody

Class B

Class B felonies are serious crimes that can result in lengthy prison sentences. Examples include:

• Manslaughter
• Certain drug trafficking offenses
• Certain sexual offenses

Class A

Class A felonies are the most serious offenses in Alabama, often carrying the harshest penalties, including life imprisonment or the death penalty. Examples include:

• Murder
• First-degree rape
• First-degree kidnapping
• Drug trafficking

Good to Know: Some offenses can be upgraded or downgraded based on specific circumstances, prior convictions, whether violence was involved, or the use of weapons.

FAQs About Infractions, Misdemeanors, & Felonies in Alabama

The nuances of criminal charges in Alabama can be confusing. Let’s address some common questions to help clarify these legal classifications and their implications.

Question: How do traffic violations fit into these classifications in Alabama?

Answer: In Alabama, traffic violations can range from infractions to felonies:

• Infractions: Minor speeding tickets or failure to signal.
• Misdemeanors: Reckless driving or a DUI offense.
• Felonies: Vehicular homicide or repeat DUI offenses.

Question: Are crimes classified differently in different states?

Answer: Yes, classifications can vary significantly between states. For example:

• State-specific classifications: Some crimes might be misdemeanors in one state and felonies in another.
• Varying severity levels: States have different classes or degrees of misdemeanors and felonies, influencing penalties.
• Drug laws: Drug possession charges often differ widely by state.
• Punishment variations: Sentences and fines for similar offenses can vary depending on jurisdiction.

It’s also worth noting that while state laws differ, federal crimes remain consistent nationwide.

Question: Can a good attorney in Alabama help change a felony to a misdemeanor conviction?

Answer: Yes, in many cases, an experienced Alabama criminal defense attorney can:

• Negotiate plea deals: A lawyer may work with prosecutors to reduce felony charges to misdemeanors.
• Advocate for diversion programs: Successful completion of these programs can lead to reduced charges.
• Pursue post-conviction relief: Expungement or pardons may help mitigate the long-term impact of a felony conviction.

Why Legal Counsel Matters for Criminal Charges

Understanding the differences between infractions, misdemeanors, and felonies is essential when navigating Alabama’s legal system. If you’re facing criminal charges, seeking experienced legal counsel as early as possible can significantly improve your chances of a favorable outcome. At Bennett Law, we’re here to provide the expertise and support you need to protect your rights and your future. Contact us today to discuss your case.

Get the Legal Support You Need in Birmingham, AL, with Bennett Law

Whatever criminal charge you are facing in Alabama, from misdemeanors to felonies, Bennett Law is ready to provide expert guidance and a strong defense. Call us anytime at 205-498-8989 or request your free consultation online. Serving Birmingham and the surrounding areas, our team is available 24/7 to support you through every step of the legal process.