What are the Differences between a Felony and Misdemeanor?
The distinction between a felony and misdemeanor has sometimes been thought of as a function of the potential periods of incarceration to which a court may sentence a convicted individual. Some people think of misdemeanors as crimes where the sentencing statute provides a maximum incarceration period of one year or less and felonies as crimes with incarceration periods of more than one year. But that difference is not always the case. Every state has the right to define the terms misdemeanor and felony as it sees fit, as is the situation in Pennsylvania, discussed below, and the employer should check the governing state statutes before acting. To further complicate the matter, many states (like Pennsylvania) have several degrees of felonies, misdemeanors or both, all of which provide different sentencing alternatives. Pennsylvania has three degrees of both felonies and misdemeanors. (See 18 Pa. C. S. A. 106.) Persons convicted of felonies of the first degree may be sentenced to impriso