By statute: For a misdemeanor you can be sentenced up to a one year in jail, for a felony you can be sentenced to more than one year and one day in prison.
The difference between a misdemeanor and a felony crime is the minimum length of jail time called for in the statute. A year or less = misdemeanor. More than a year = felony.
The difference between felony and misdemeanor probation is the felony is when a person is sentence to a jail term, but it can be served out of jail. The misdemeanor probation is not given jail time. They serve a probation period.
The difference between ANY felony and ANY misdemeanor is the length of the sentence or the amount of the fine that the legislature attached to the law when they passed it.
DEPENDS ON STATE... Misdemeanor in nY
Any violation of any criminal statute, felony or misdemeanor, is a violation of parole.
In many states the difference between felony and misdemeanor theft is whether the theft was above or under $500.
It depends entirely as to whether you are on misdemeanor probation or felony probation.
Is the amount the deciding factor?
Yes
Whether PC 485 is a felony or a misdemeanor is determined by the value of the loss. Any loss exceeding $400 is a felony while any loss of $400 or less is a misdemeanor.
USUALLY a misdemeanor BUT, it can be either. It depends on what the original crime and sentence was. Also: What was the violation that caused the VOP? If it was the committing of a crime, THAT would be a separate offense altogether.
It depends on the state, but typically the amount of drugs someone is carrying and the type of drug can make the difference between a misdemeanor or a felony.
A felony is not a misdemeanor, and a misdemeanor is not a felony.