How to Determine a Felony From a Misdemeanor
- 1). Define the offense in question. You must know what the offense is. This can be determined by looking at the charge or the infraction listed in a summons or in an arrest record. For example, a summons can indicate that the charge is driving without insurance.
- 2). Find out which statute the offense violates. Every state has a criminal law and you must determine which section of the law the offense has violated. The charging document (indictment), summons, arrest record or court document will state the section of the law that is violated. If the charge is driving without insurance, it should cite the statute that requires that drivers have insurance.
- 3). Look at how the statute defines the offense. In many cases, the state statute will indicate if the offense is a misdemeanor or felony. The statute will be listed under a general heading of misdemeanor or felony.
- 4). Check to see if the state recognizes "wobblers." Some states have offenses that can be considered misdemeanors, but become felonies if aggravating circumstances (use of an weapon or excessive violence). Conversely, felonies can be reduced to misdemeanors. California is a jurisdiction that has wobblers.
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