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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 September 5, 2025
Why You Need a Personal Injury Lawyer
By Robert Stahle August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.