Criminal Law

Felonies v. Misdemeanors

• Defined based on degree of seriousness
• Felonies: serious crimes
• Punishable by death or prison for one year or longer
• Must have malice aforethought, premeditation or deliberation in order to have a homicide. If not = manslaughter.
• Two types of manslaughter (voluntary and involuntary)
• Voluntary – intent to kill but malice is lacking (crimes that are committed in a heat of passion)
• Involuntary – offender is negligent in acts, no intent to kill (DUI, fight)

Misdemeanors

• Misdemeanors: any crime that is not a felony
• Punishable often by fines, community sanctions, probation, less than 1 year in jail
• Different classes depending on seriousness
• Examples: trespassing, petty theft, shoplifting, disturbing the peace
• In Virginia: 4 classes of misdemeanors, 6 classes of felonies (Class 1 most serious, class 4/6 least serious)