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You’ve been charged with a crime. Is a felony or misdemeanor and what’s the difference?
Welcome. I’m Jim Bendell, an attorney practicing in Coeur d'Alene, Idaho. Felonies and misdemeanors
are the two types of criminal cases. Misdemeanors – the less serious; felony – the more
serious. Usually the type of conduct – the seriousness of the conduct – is the first
component whether to determine whether it’s a serious crime or not. If you’re charged
with stealing $10 dollars, that’s probably going to be a misdemeanor. If you’re charged
with stealing $1,000 dollars, that can be charged as a felony. But there can be situations
where even a seemingly minor crime can be charged as a felony. For example, Idaho is
unique that if you shoplift even a pack of cigarettes – if they can prove that you
walked into the store with the intent of stealing that pack of cigarettes that can be charged
as felony burglary. The next component in determining whether a crime is a felony or
a misdemeanor is the length of sentence. Usually misdemeanors are a 90 day sentence or a one
year sentence, whereas felonies carry a sentence of more than a year, 5 years, 10 years – and
of course, in Idaho – even the death penalty. The consequences of misdemeanors and felonies
can differ as well. For example, if you’re a resident – legal resident alien – and
you commit a felony, you’ll probably be deported but you won’t be deported for a
misdemeanor. Why am I telling you this? Because if you’re watching, you have questions about
misdemeanors, felonies, and other crimes. These are questions that I answer every day
in my law practice. So here’s what I’d like you to do next. Pick up the phone and
call me and I’ll answer these questions for you. You can reach me at 208-665-4600.
I’m Jim Bendell and thank you for watching.