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What's the Difference Between a Misdemeanor and a Felony?

Robert Stahle • February 8, 2018
Misdemeanor vs Felony Charges - Fitch & Stahle Law Firm - Sioux City, IA

Are burglary charges always felony charges, or does it depend on the circumstances? That’s the kind of question that defendants may ask after they are arrested and aren’t sure whether they will be facing misdemeanor or felony charges.

And the difference between a fine without jail time, and a long-term stint in prison can be significant, so let’s take a quick look at the difference between a misdemeanor and a felony, and the standards that most states apply when making this determination.

The Differences Between a Misdemeanor and a Felony

There are typically three types of criminal charges: infractions, misdemeanors, and felonies. Infractions, which include traffic tickets, do not carry a jail sentence, but misdemeanors and felonies can land you in jail or prison, depending on the severity of the crime.

The law views misdemeanors less seriously than felonies, but that doesn’t mean that you won’t spend time in jail for a misdemeanor. In fact, most states have different classes of misdemeanors, each with different penalties.

In Nebraska for example, there are seven classes of misdemeanors, with a Class I considered the most serious, with a possible penalty of one year in jail and a $1,000 fine.

Common types of misdemeanors include:


  • Assault – The intent to cause harm or apprehension of harm in another person, even if you didn’t hit the victim.
  • Battery – Offensive physical contact with another person with the intention of causing harm or apprehension of harm.
  • Theft – Taking someone’s property without that person’s consent.
  • DUI – Driving under the influence of alcohol or drugs.

Felonies are considered more serious crimes, and will always result in some type of prison sentence unless the charges are reduced to misdemeanors.


  • Murder – The intentional or premeditated act of killing another person.
  • Aggravated Assault – Assault with a deadly weapon.
  • Burglary – Unlawful entry into a building or structure with the intention of committing a crime, even if that crime never occurs.
  • Grand Theft – Theft in which the property stolen exceeds a specified amount.
  • Arson – The act of intentionally setting fire to a property.
  • Rape – Although the legal language varies in each state, rape is a serious crime in which the victim is forced to have unlawful intercourse. Rape laws have expanded to include assaults that occur in a marriage, with lack of consent being the critical factor.
  • Kidnapping – Taking someone from one place to another against that person’s will is a felony, and this charge is even more serious if that abduction occurs across state lines.

Why You Need An Experienced Criminal Defense Lawyer

After you’re arrested on a misdemeanor or felony charge , you must secure the services of a top-flight defense team such as the attorneys at the Fitch & Stahle Law Office. Don’t make the mistake of thinking that you can’t go to jail if you’re convicted of a misdemeanor, because that isn’t true. Let us put our experience to work for you. Call us today at (402) 494-3012 for a legal consultation.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.