Felony vs. Misdemeanor Charges
What is the difference between a misdemeanor and a felony?
The biggest difference between a misdemeanor and a felony is the potential punishment associated with each one. For a misdemeanor, you cannot serve more than one year, and you cannot be sent to prison, only jail. For a felony, you can serve more than a year, and the judge can sentence you to serve time in prison or jail.
The difference between a misdemeanor and a felony is also seen outside of the criminal court process. For example, some employers will specifically ask you if you have been convicted of a felony (they may ask you about misdemeanors as well). Convicted felons can be prohibited from owning weapons, receiving government aid, and living certain places. Also, it is more difficult and will take more time to get an expungement for a felony.
Utah Criminal Classifications
The Utah State Legislature determines what actions are considered criminal and whether a crime is a misdemeanor or a felony under State law. The Legislature also determines how serious a crime is. Below is a list of criminal classifications and examples of each class:
Utah Criminal Classification |
Examples |
| 1st Degree Felony | Homicide Rape Child Sex Abuse |
| 2nd Degree Felony | Aggravated Assault (with serious injury) Burglary in a Home Possession with Intent to Distribute Sexual Assault Theft or Fraud (over $5,000) |
| 3rd Degree Felony | Aggravated Assault (without serious injury) Child Abuse (with serious injury) Forgery Theft or Fraud (between $1,500 and $5,000) |
| Class A Misdemeanor | Assault (with serious injury) Child Abuse (without serious injury) Negligent Homicide Stalking Theft (between $500 and $1,500) Violation of a Protective Order |
| Class B Misdemeanor | Assault (without serious injury) Domestic Violence Assault Domestic Violence in the Presence of a Child Driving Without Insurance DUI Possession of Marijuana Reckless Driving |
| Class C Misdemeanor | Disorderly Conduct Driving on a Suspended License Public Intoxication Speeding Traffic Violations |
| Infraction | Failure to Update Address on Driver’s License Violations of some City Ordinances (Dog Barking, Excessive Weeds, Accumulation of Junk, etc.) |
Utah Criminal Defense Lawyer Contact
If you have questions about a criminal case or would like a free consultation from a Criminal Defense Attorney, please contact us today. Our attorneys have handled nearly every type of criminal case, from Domestic Violence and DUI to Fraud and Homicide. Our criminal attorneys include a former prosecutor for Salt Lake County and the cities of Taylorsville, Holladay, Cottonwood Heights, and Riverton, Utah. For a free consultation or to hire an attorney immediately, call 801-990-4200 or fill out our attorney contact form.
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