What is the difference between a misdemeanor and a felony in criminal defense law?

In criminal defense law, the difference between a misdemeanor and a felony is based on the severity of the crime. A misdemeanor is considered a lesser offense and is generally punishable by up to one year in jail or a fine, or both. A felony on the other hand is a more serious crime with a potential punishment of more than one year in prison and/or a fine. In West Virginia, misdemeanors are divided into two categories with the more serious labeled as Class A misdemeanors and the less serious called Class B misdemeanors. Examples of a Class A misdemeanor include simple assault and DUI. These are punishable by up to twelve months in prison and/or a fine up to $2,500. Class B misdemeanors include possession of a controlled substance and petty theft, punishable by up to six months in prison and/or a fine of up to $1,000. Felonies in West Virginia are divided into five categories, with the most serious being Class A felonies and the least serious being Class E felonies. Examples of Class A felonies include murder, sexual assault, and burglary; all of which are punishable by life in prison or the death penalty. Class E felonies are punishable by one to five years in prison and/or a fine up to $2,500. In summary, misdemeanors are generally considered less serious offenses that are punishable by up to one year in jail and/or a fine. Felonies are more serious crimes that are punishable by more than one year in prison and/or a fine. In West Virginia, each misdemeanor or felony is classified and the punishment varies based on the seriousness of the crime.

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What is the difference between a misdemeanor and a felony in criminal defense law?

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