Felonies vs. Misdemeanors

Criminal offenses are generally divided into two categories: felonies and misdemeanors. It seems simple on the surface, but this area of law can actually be quite complicated. The legal definitions of these terms vary from state to state, and sometimes from one individual defendant's circumstances to another. If you are ever accused of a crime, it is important to know its legal classification.

In Rhode Island, the distinction between a felony and a misdemeanor does not only affect the kind of sentence you may face – it also determines the length of time you must wait before filing to have your criminal record expunged. Misdemeanors can be expunged after five years, while people convicted of felonies must wait ten. To learn more, call Rhode Island expungement attorney James Powderly at 401-662-9006.

The Difference between Felonies and Misdemeanors

In Rhode Island, the main distinction between misdemeanors and felonies is the manner in which they can be punished:

• Misdemeanors: An offense punishable by one year or less in jail and/or a fine up to $1,000 is likely a misdemeanor. Not all misdemeanors are punished this way; some defendants in these cases receive probation or community service. Some common misdemeanors are shoplifting, a first-time DWI offense, and minor vandalism.
• Felonies: If the possible penalty for a crime is over one year in jail and/or a $1,000 fine, it is likely a felony. Some felonies are combinations of misdemeanors and aggravating circumstances – for example, assault with a deadly weapon. Other offenses are always felonies, like rape, murder, and arson.

Whether you have been convicted of a felony or misdemeanor, it is important to have a qualified Rhode Island expungement lawyer on your side.

Contact Us

Felonies and misdemeanors can both be expunged from the record in certain cases. To learn if you qualify, contact Rhode Island expungement attorney James Powderly at 401-662-9006.