Categories: criminal law

Felony vs. Misdemeanor: What’s the Difference?

Understanding the criminal justice system can sometimes feel overwhelming, especially when trying to differentiate between terms like felony and misdemeanor. These distinctions are crucial, as they directly impact the severity of the punishment, the handling of the case, and the long-term consequences on one’s life. Let today’s post from Miltenberger Law Offices shed light on the differences and implications of these two terms.

Felonies

A felony represents the more serious category of offenses and is associated with grave societal harm or direct harm to individuals. Under the federal framework and state laws, including Nebraska’s, felonies encompass crimes such as murder, rape, burglary, kidnapping and aggravated assault. The defining trait of a felony is typically the severity of its punishment—felonies result in imprisonment for more than a year and, in certain cases, may lead to capital punishment or life sentences without parole.

For Nebraska residents, being convicted of a felony entails enormous repercussions beyond the prison sentence. Felons may lose their right to vote, possess firearms, obtain certain professional licenses and in many instances, face significant challenges in securing employment post-incarceration. These legal and social penalties underscore the seriousness with which felonies are regarded within the criminal justice system.

Misdemeanors

Misdemeanors, while less severe than felonies, still pose significant legal challenges and potential disruptions to one’s life. Misdemeanor crimes typically include less serious offenses such as vandalism, petty theft, simple assault and first-time DUI offenses. The punishment for a misdemeanor can vary significantly but generally involves less than one year in jail, served in county or local facilities rather than state or federal prisons.

In Nebraska, misdemeanors are not to be taken lightly. Although they carry shorter sentences than felonies, the conviction can still impact job prospects, housing applications, and overall societal perception. The categorization into classes I,II and III misdemeanors in Nebraska dictates the maximum potential penalties, highlighting the importance of understanding where one’s alleged offense falls within the system.

The Implications of Infractions

While discussing felonies and misdemeanors, it’s also worthwhile to touch upon infractions. These are lesser violations, such as traffic tickets or minor trespassing, that do not warrant jail time but may involve monetary fines or community service. In Nebraska, infractions play a crucial role in maintaining order without overburdening the courts with minor offenses, allowing more focus on serious crimes.

Legal Representation: Your Right and Shield

Whether facing a felony or misdemeanor in Omaha, NE, or any surrounding locality, securing experienced legal representation is pivotal. The complexities of the legal system necessitate a knowledgeable guide to navigate the nuances of one’s charges, potential defenses, and the intricacies of Nebraska law. An adept attorney can significantly influence the outcome, helping to mitigate charges or pursue alternative sentencing options that may lessen the long-term impact on one’s life.

Let Miltenberger Law Offices help you navigate your felony or misdemeanor charge with the full extent of our legal knowledge. Call us at (402) 217-2267 or fill out this contact form to schedule your consultation.

Cody Miltenberger

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Cody Miltenberger

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