Felony? Misdemeanor? Difference?

As with all jurisdictions, states and federal, Tennessee distinguishes between crimes based on the severity of an offense. For instance, a simple possession of marijuana has an entirely different range of punishments from a first degree murder. The easiest way to break down the severity, and therefore punishment, is to look at whether the offense committed is categorized as a “felony” or “misdemeanor.”

Misdemeanor is generally defined as, “a crime less serious than a felony.” This definition begs the question “What is a felony?” Unfortunately, the definition for felony is not too helpful. Felony is defined as “a crime graver than a misdemeanor” or “a serious crime.”  Now let me break these cyclical definitions down to more understandable and user-friendly meanings.

In Tennessee a misdemeanor is punishable by a fine, jail time or both. The maximum amount of jail time on any misdemeanor is 11 months and 29 days.  The maximum penalty on a misdemeanor is $2,500.00. Misdemeanors are categorized into three classes: Class A misdemeanors, Class B misdemeanors and Class C misdemeanors. The severity of penalties increases from C to A class misdemeanors.   For instance, the maximum penalty for a Class C misdemeanor is jail time not to exceed 30 days, a fine not to exceed $50, or both.  The maximum penalty for a Class B misdemeanor is not greater than six (6) months in jail, a penalty not to exceed $500, or both.

Felonies are also characterized into classes depending on the severity of the offense. There are five classes in which felonies can be characterized.  The classes range from Class E to Class A. As with misdemeanors, the penalty increases from Class E to Class A.  The minimum punishment for a felony is a year (1) in jail. Unlike a misdemeanor, a jury must assess the fine in a felony case.  The punishment range for felonies tends to vary more than misdemeanors. The primary factor affecting the sentence range is prior criminal history.  I should also mention that the most heinous and serious offenses may be deemed Capital Crimes and result in life imprisonment or death as punishment.

Hopefully this brief rundown has been enlightening.  Remember, this information does not constitute legal advice nor does it act as a substitute for hiring an attorney. Thank you.