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Difference Between And Felony And Misdemeanor

1702 words - 7 pages

The Difference between a felony and misdemeanor
Laura Macella
AIU Online

The Difference between a felony and misdemeanor
Abstract
In this paper it will be discussed the differences between a felony and a misdemeanor. There will be examples of real life situations and memo discussing to a client the differences between the two. It will be discussed to the client that was charged with breach of peace about the crime she committed, her concerns about prison and the death sentences, and the punishments that she will possibly face if she is convicted.

There are two divisions that a crime can fall under. When a crime is committed, the crime can fall either under a misdemeanor or a ...view middle of the document...

In theory, committing a misdemeanor crime is punishable pending the crime, but it does not have the consequences that a felony crime would have. A case that comes to mind is a former baseball player by the name of Jim Leyritz. He was convicted of misdemeanor charges for a DUI. He had gotten in an accident with took the life of Frieda Veitch. He was originally charged with DUI manslaughter, however, that was dropped because both him and the victim were at bars drinking prior to the accident (ESPN, 2010). He was only given a year of probation and a $500 fine because he was acquitted of his charges. If he was charged with what he was originally charged with he would have faced up to a 15 years in prison. At this point, even though both were at fault, I do personally think that he should have received a full sentence because he did end up killing someone and was drinking and driving.
Felonies are considered to be a much more serious type of conviction for a crime. A felony is considered a serious crime in countries practicing common law (differencebetween.com). It can be punishable by death or imprisonment for a period over one year. Because felonies are so serious, the punishment depends upon the crime that was committed. Aside from that, the person convicted may have legal consequences like disenfranchisement, ineligibility to purchase firearms, obtaining licenses, serving on a jury and even being able to find a job. Felonies are also classified into a categories. A Class A felony is more severely punished than lower level Class B and even lower level Class C felonies (definitions.uslegal.com). At this point the statute of limitations varies by jurisdiction and type of felony. So examples of felony crimes are arson, burglary, grand theft, sale of drugs, robbery, rape and murder. A case that will be discussed is the famous Scott Peterson case. He was found guilty of first degree murder in the death of his pregnant wife, Laci Peterson, and second degree murder in the death of his unborn son Connor (Montaldo). During the time between December 23-24 of 2002, Laci and their unborn son had disappeared and in April 2003 they had found the badly decomposed remains of Laci and the fetus that was washed ashore not far from where Scott Peterson said that he had went on a solo fishing trip the day that Laci vanished. In theory, the prosecution believed that Scott meticulously planned the murder of his pregnant wife because he did not want to give up his lifestyle to be tied down to a wife and kid (Montaldo). All the evidence lined up with him being guilty of the crime and now he is a California prison sitting in death row. At this point, it seems to be that the more serious the crime that you do commit the worse the punishment is going to be.
In conclusion, the worse the crime you commit the worse the punishment will be for the criminal. It can be for the pettiest crime to the most serious crimes. However, the more that we convict people of these...

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