Macmillan Holdings, LLC. Legal Lad, Legal Lad's, QDnow, and Quick and Dirty Tips are all trademarks of Macmillan Holdings, LLC. Several listeners have written questions asking what the differences are between a misdemeanor and a felony, and why some crimes seem to be both. Joyce legal I would like to know if you are ticketed by a cop (in California) for having a couple of joints of pot on you, when you go to court on the date given, if the cop doesn't show up, can it be dismissed as in the case of a traffic ticket? Or is there no contesting it, and you show up on the date told and you are fined and given whatever sentance the judge hands you? I'm wanting to know if you can contest it, because my son had less than an ounce on him when he was pulled over for not having a light on his bike and since the cop could smell it on him (he'd been smoking it), the cop asked if he could search him and he gave his concent to be searched. So, he was ticketed and his stash was seized and he came home. I just want to know if you contest it, if it's the same as a speeding ticket, if the cop doesn't show up, if it's thrown out. Just want to know that, no legal advice, just a quick question. Thank you. http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=21096#Comments http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=21096#Comments Mon, 16 Nov 2009 06:46:58 GMT Carolyn Morales legal My niece was charged with felony battery on a pregnant female. SHE IS INNOCENT. She took a cop to drop off her daughter to non custodial father who doesnt have a drivers license. She always has to take a police escort due to uneccessary conflict. The non custodial fathers new wife was pregnant again, High risk have 3 prior miscarriages. Pregnant new wife came outside to confront officer and my niece. She got behind my niece and said,"You fucking cunt". My niece turned around and said, " You need to watch your mouth in front of my daughter". The high risk pregnant , frequently miscarrying new wife got in my nieces face so close, my niece could see the mole on the back of her shoulder. They may have made unintentional contact at that point. High risk pregnant new wife continued to voice complaints and a few minutes later accused my niece of hitting her in the stomach. She said it happened when she got in my nieces face. She didnt mention it at time. The cop said, "She hit you?". High risk pregnant new wifesaid, "She didnt hit me , hit me." She elbowed mein the stomach. Cop said he didnt see it. No one was arreted thst night. Report wss taken. High risk pregnant new wife had a miscarriage some time later. She then went to State AToorneys office and filed against my niece saying my niece caused her to miscarry. We have since learned that high risk pregnant new wife has a herniated umbillical which is causing her frequent miscarriages. But she tried to blame my niece and a warrant was issued for my nieces arrest. 5O K bond felony battery on a pregnant female. Now her childs father and new wife are trying to get custody through an injunction for protection. My niece is in jail and she is innoceent. She turned herself in. No prior record at all. The state has learned inconsistancies in the accusers story and is now trying ti get my niece to plea bargain down to a misdemeanor. She is innocent though. She never intentionally touched the girl and The girl high risk pregnant was the one agressing and getting in my nieces face. Supposedly the Public Defender is saying the Cop said he saw her elbow the girl in the stomach. If thats true why didnt he arrest her that night. They may have made unintentional contact but myniece wasnt the agressor.She is 24 and scared and she's being coerced to settle so State Attorny doesnt look stupid. Should she settle? What are the ramifications of misdemeanor battery? Will her ex be able to use this supposed unintetional battery to file injunction for protection and use that very from to get an emergency hearing for temporary custody of the minor child? She was only trying to drop off the child to a father who deosnt drive. I feel the g=high risk pregnant new wife got close to my niece to entrap her. She new she was going to miscarry again. 3rd time in 2 years. Now the supposed victim has put my nieces mug shot all over myspace with the caption. "She killed my baby". She is gloating about how she is getting rid of my niece finally after 3 years of harrassment. My niece gets accused of harrassment if she calls to see about her daughter and calls to see if the dad is going to exercise his much neglected visitation with her. All comments are appreciated http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=20651#Comments http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=20651#Comments Sun, 01 Nov 2009 11:56:58 GMT Trish legal Can a felony conviction of adjucation withheld after 2.5 years be reduced to a misdemeanor. After, following this case I have recently became aware of so much injustice. Wanting to help an innoccent young man that accepeted a pleas out of fear and now 2 years in college in past is hurting him so much. Never been in any trouble before or after. Please help http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=17328#Comments http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=17328#Comments Sat, 06 Jun 2009 20:37:37 GMT Sherry Falls legal In N.C. how long is a felony on your record or does it ever come off? http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=16255#Comments http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=16255#Comments Thu, 26 Mar 2009 11:34:06 GMT George legal I been charged of a misdemeanor (assault and battery)what could be my sentence will I lose my job? http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=14989#Comments http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=14989#Comments Wed, 03 Dec 2008 23:28:40 GMT lawstudent legal renee: You were told being a convicted felon and having a felony conviction were two different things by whom? If you are convicted of a felony, you are a convicted felon. Most of my criminal background is from working with a criminal defense attorney in Florida, but I cannot fathom that different states would differentiate. After all, if having a felony CONVICTION doesn't make you a convicted felon, what does? Perhaps you were told by this mysterious person that someone who had adjudication withheld is not a convicted felon.. In that case, your information would have been accurate. In some cases, the court can withhold adjudication on a felony charge, which means that although the offender is still receiving some punishment (probation, fines, etc.), s/he is not a convicted felon. But if a person convicted of a felony? No doubt, they're a convicted felon. http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=14937#Comments http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=14937#Comments Tue, 02 Dec 2008 06:28:03 GMT marsha haye legal Hey I was recently charged with a felony 2 counts. and sentenced to 60 days but did only 7. First question what is the difference between a felony charge and a convicted felon. I was never told to register any where. Am I a convicted felon like some one who wwnt to prison. it has only been about two months but what can I do to have that nocontest plea (which still means guilty) seal expunged or pardoned. I need help. Of course I have been punished already but I am still a good person and need employment because I have two Kids. http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=14470#Comments http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=14470#Comments Mon, 27 Oct 2008 03:26:50 GMT renee legal my friend recently went to court and was given three felony charges.1-credit card abuse.2-execution of legal documents-whatever that means and 3-theft of property1500 less than 20,000.the job application asked her is she a convicted felon and she answered ''no''. it then asked her has she ever been convicted of a felony and she put ''yes''. we were told that being a convicted felon and having felony convictions are two different things. after the background check they decided to not hire her because they say she lied on her application about being a convicted felon. can you please give us the difference on the two? http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=11361#Comments http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=11361#Comments Thu, 10 Jan 2008 17:14:29 GMT Adam Freedman legal For those interested in etymology, felony comes from the Old French felonie, meaning "wickedness" -- whereas misdemeanor comes from the Middle English mysdemeanour, literally "bad demeanor" or "bad conduct." Not every jurisdiction maintains the distinction between the two types of crime. In Britain, the Criminal Law Act of 1967 abolished any distinction between felonies and misdemeanors. http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=104#Comments http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx?commentid=104#Comments Sat, 23 Jun 2007 13:36:17 GMT Mon, 16 Nov 2009 06:46:58 GMT http://legallad.quickanddirtytips.com/the-difference-between-a-misdemeanor-and-a-felony.aspx feedback@quickanddirtytips.com (Managing Editor) feedback@quickanddirtytips.com (Webmaster) en-us