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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.
When you’re injured by a drunk driver, the physical trauma is often only the beginning. Medical appointments, hospital stays, and prescription medications can last for weeks, months, or even years. You may be unable to work. You may lose your vehicle. And the emotional toll—fear, anxiety, depression—can weigh heavily on you and your family. Unfortunately, many accident victims never receive the compensation they truly need to recover. Insurance companies are skilled at downplaying injuries, undervaluing claims, and pushing quick settlements. These early offers often only cover short-term costs—and leave victims with nothing for long-term consequences. That’s why it’s crucial to work with a personal injury attorney who understands how to fight for your full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients throughout Iowa and Nebraska recover the financial support they deserve after being hit by drunk drivers. Here’s how having legal representation can make a difference: 1. Understanding the Full Value of Your Claim A serious injury isn’t just about your ER bill. A strong legal claim must account for: Follow-up medical care, physical therapy, and surgeries Future medical treatment or long-term care Mental health services for trauma, PTSD, or anxiety Lost wages and reduced ability to earn income Property damage and vehicle replacement Pain, suffering, and loss of enjoyment of life Without legal help, you may never even know you’re entitled to compensation for these elements—let alone how to calculate their true cost. Our attorneys work closely with doctors, financial experts, and accident specialists to build a comprehensive case that reflects the full scope of your losses. 2. Pursuing Punitive Damages In Iowa and Nebraska, courts may award punitive damages in drunk driving cases. Unlike compensatory damages (which are designed to cover your losses), punitive damages are intended to punish the offender for particularly reckless or egregious behavior and deter others from doing the same. These damages can significantly increase the value of your claim—but you need an experienced attorney to prove that the driver’s actions warrant them. We know how to present evidence of impairment, prior offenses, and other aggravating factors that strengthen your case. 3. Exploring Additional Sources of Compensation Sometimes, the drunk driver’s insurance policy won’t cover the full cost of your damages. In those cases, we explore: Your own underinsured/uninsured motorist coverage Dram shop liability (if a bar, restaurant, or event overserved the driver) Third-party liability (in rare cases, the driver’s employer or vehicle owner may also share responsibility) Our team works to leave no stone unturned when identifying all potential sources of recovery. 4. Standing Up to the Insurance Companies Insurance adjusters are trained negotiators. Their job is to pay out as little as possible. Without a lawyer, they may take advantage of your lack of legal knowledge or pressure you into a fast settlement. With Fitch & Stahle in your corner, you don’t have to deal with their tactics. We handle all communication, submit all documentation, and push aggressively for the settlement you deserve. And if the insurance company won’t cooperate? We’re ready to take your case to court. If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t let the insurance company decide what your recovery is worth. Contact Fitch & Stahle Law Firm today for a free case evaluation. Let us help you move forward—with the compensation and justice you deserve.
Drunk driving accidents are among the most devastating types of crashes—and the most preventable. Every time someone chooses to drive under the influence of alcohol, they not only break the law, but they also endanger innocent lives. When you’re the victim of one of these reckless acts, the physical, emotional, and financial consequences can be overwhelming. Many accident victims assume that if the other driver was arrested for DUI, the case will resolve itself quickly and fairly. After all, if the police have proof that the driver was drunk, what else is there to fight about? The reality is far more complex. Even when intoxication is clear, recovering compensation is rarely straightforward. Insurance companies are primarily concerned with protecting their bottom line. They may admit the drunk driver was at fault but still dispute the amount of damages you’re owed. They may claim your injuries aren’t as severe as you say or argue that you had pre-existing conditions. In some cases, they may even try to shift partial blame to you. That’s why hiring an experienced drunk driving accident attorney is so critical. At Fitch & Stahle Law Firm , we represent clients throughout Iowa and Nebraska who have been harmed by drunk drivers. Our attorneys know how to build strong legal cases backed by evidence, expert testimony, and strategic negotiation. We don’t just take the word of the insurance company—we conduct our own investigations, obtain police and toxicology reports, interview witnesses, and, when necessary, work with accident reconstruction professionals to determine exactly what happened and who’s responsible. Beyond proving liability, our goal is to make sure every client receives the full amount of compensation they’re entitled to under the law. That includes not only current medical expenses and lost wages but also: Future medical care (surgeries, rehab, medications) Lost future earning capacity Pain and suffering Mental and emotional trauma Property damage Punitive damages when applicable In particularly egregious cases, we may also pursue compensation from third parties under Iowa or Nebraska’s dram shop liability laws . If a bar, restaurant, or even a private event served alcohol to someone who was visibly intoxicated or underage, that establishment could be held partially liable for the damages. Dealing with injuries, doctors, bills, and the trauma of the crash is hard enough. You shouldn’t also have to navigate legal paperwork, deadlines, and difficult insurance adjusters on your own. We provide personal, compassionate, and aggressive legal representation—so you can focus on healing while we focus on justice. Remember: The other driver’s arrest or conviction does not guarantee you fair compensation. Civil and criminal cases are separate, and only a personal injury claim will secure the financial support you need to recover and rebuild your life. If you or a loved one has been hit by a drunk driver in Sioux City or the surrounding areas of Iowa and Nebraska, don’t wait. Call Fitch & Stahle Law Firm today for a free consultation. We’ll help you hold the drunk driver—and their insurance company—fully accountable.