Charlotte Criminal Lawyer Blog
J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”
It is no exaggeration to posit that millions of men and women have fought and died for the freedoms we enjoy as citizens of the United States of America. At the very bedrock of our Constitutional system is the right of criminal defendants to trial by a jury of one’s peers.
The Sixth Amendment to the United States Constitution provides that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…” It is the job of judges and courts to determine what laws mean—including the text of the Constitution.
In general, the Sixth Amendment jury-trial right has been interpreted to apply in both civil and criminal cases in which a defendant is threatened with an active prison sentence. Traditionally, felonies were defined as the more serious criminal offenses for which punishment often meant an active prison sentence, so defendants charged with felonies were generally entitled to trials by jury. Defendants charged with misdemeanors who did not face a potential prison sentence did not enjoy the right to trial by jury. Their cases were heard by a judge. Those cases are called “bench trials.”
With the advent and expansion of modern criminal codes, states have blurred the lines between crimes that may result in an active prison sentence. Many states—North Carolina among them—have different classes of felonies and misdemeanors, and some of the more serious misdemeanor offenses may subject a criminal defendant to an active prison sentence. That means nowadays some misdemeanor criminal defendants enjoy the right to trial by jury.