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What's the Difference Between a Misdemeanor and a Felony?
Robert Stahle • February 8, 2018
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.
A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.