What is the difference between a felony and a misdemeanor?
In South Carolina, criminal offenses are divided into two major categories: felonies and misdemeanors. Felonies are the more serious of the two and are punishable by more than one year in prison; misdemeanors are punishable by up to one year in jail. At the felony level, the range of possible punishments are prison sentencing, fines and/or probation; and in some cases, the court may order restitution to the victim. Felonies are also subject to the state’s Three Strikes Law, which imposes harsher penalties on repeat felony offenders. Examples of felonies include murder, aggravated assault, and robbery. Misdemeanors are more minor offenses than felonies and generally involve lesser penalties such as a period of incarceration in a county jail, fines, probation and possibly community service and/or restitution. Examples of misdemeanors include simple assault, petty larceny, and driving under the influence. The severity of the crime and the circumstances of the case are used to determine whether an offense is a felony or misdemeanor. In South Carolina, the district attorney has discretion in the classification of a criminal offense; there are some offenses that can be charged as a felony or a misdemeanor. In summary, the difference between a felony and a misdemeanor lies in the severity of the punishment imposed. Felonies are punishable by more than one year in prison, whereas misdemeanors are punishable by up to one year in jail. The severity of the crime is the determining factor in whether a crime is classified as a felony or misdemeanor.
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