Felony vs Felony Misdemeanor
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Felony vs Felony Misdemeanor
Is a Felony Misdemeanor considered a misdemeanor or a felony?
Idaho contractor registration requires contractors to report
if they have ever received a conviction, finding of guilt,
withheld judgment or suspended sentence for any felony in any
jurisdiction.
Asked on December 12, 2017 under Criminal Law, Idaho
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Under your state's law, if the crime was punishable by imprisonment in a state prison only, it is a felony; if punishable only be a small fine ($300 or less) an infraction; and if it's punishable by other than state prison or a $300 or less fine, it is a misdemeanor. Sometimes, a crime may be punished in more than one way--such as state prison, or county jail, and/or a fine. When that is the case, IF the court imposes a punishment other than state prison, the court may choose to deem or consider the crime misdemeanor; in that event, you would have to look at the court records to see what the court chose to call it. But if the defendant spent time in state prison, it was definitely a felony.
Here is the relevant state law:
18-111. FELONY, MISDEMEANOR AND INFRACTION DEFINED. A felony is a crime which is punishable with death or by imprisonment in the state prison. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding three hundred dollars ($300) and for which no period of incarceration may be imposed. Every other crime is a misdemeanor. When a crime punishable by imprisonment in the state prison is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison.
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