Both misdemeanor and felony charges in the state of Florida are further divided into classes, depending on the seriousness of the crime and the potential penalties (see below).ies: Misdemeanor crimes can be punished with up to a year in county jail and a $1,000 fine. Disclaimer: In Illinois, "assault" is considered threatening someone. Misdemeanors are a criminal offense and a person can go to jail, in some cases for up to 2.5 years for each misdemeanor offense. What’s the difference between these two types of crimes, and what does it mean for you? Crimes are classified as felonies, misdemeanors or infractions based on the severity of the behavior. What constitutes a felony and what constitutes a misdemeanor varies wildly from state to state. Felony. Actually physical contact is "battery." FELONIES: Any crime punishable by confinement in a State prison are felonies; all other crimes are misdemeanors. Misdemeanors and felonies are another story. Misdemeanors are often defines as crimes punishable by less than a year in jail. Often these involve traffic violations. To illustrate this, let us look at the difference between three different words, which can help us to have a clear idea of each word. What Are Misdemeanors? Sometimes words like “Crime”, “Felony”, and “Misdemeanor” can confuse us. Differences between states are especially apparent when it comes to issues such as drug laws. The lawyers of Bytensky Shikhman have extensive experience defending persons facing a wide range of criminal charges from allegations as minor as shoplifting to charges as serious as murder. Infractions are petty offenses that do not incur jail time but only fines. The differences between petty offenses, misdemeanors, infractions, and felonies are determined by the state laws that classify different crimes, which will vary depending on where you live. If the crime is punishable by a year or more in prison, it is considered a felony. I will be addressing the upgrade issues in a battery, although the upgrades are nearly identical in assaults. The restrictive nature of the confinement also differs between jail and prison. Misdemeanor vs. Under the common law a felony is crime that is punishable by more than a year in prison and misdemeanor is a crime that is punishable by up to one year in jail. In many cases, misdemeanors do not lead to long amounts of jail time. How a crime is categorized is based on the penalties involved. In the state of California, a misdemeanor carries a maximum sentence of one year or less in county jail. Note that incarceration for a misdemeanor is in jail rather than prison. What Is a Misdemeanor? Felonies vs. Misdemeanors and Indictable Offences vs. Summary Conviction Crimes. If a crime is punishable by one year or less in jail, the crime is considered a misdemeanor. Every crime is classified as an infraction, misdemeanor or felony. Although most crimes are misdemeanors, there are many common crimes that are categorized as felonies. The difference between jail and prison is that cities and counties operate jails, and the state or federal government operates prisons, depending on the crime. Infractions are the least serious of crimes. While particular laws vary by state, misdemeanors generally include nonviolent crimes.