There you are, standing in court or holding a citation, hearing words that feel interchangeable but carry very different weight. You Google, “difference between felony and misdemeanor,” hoping the answer will make things clearer. But the more you read, the more confusing it becomes.
So what’s the difference between a misdemeanor and a felony? Felonies and misdemeanors are not just degrees of punishment. They’re fundamentally different categories of crime under Nebraska law, with radically different consequences for your future.
If you’re facing either type of charge, even for the first time, don’t leave your freedom to chance. Petersen Criminal Defense Law has handled over 8,000 criminal cases, including both misdemeanor and felony charges across Omaha and greater Nebraska.
Attorney Tom Petersen focuses exclusively on criminal defense. He’s available 24/7 to review your case, explain the risks, and fight for the best possible outcome. Contact us for a confidential consultation.
What’s The Difference Between a Misdemeanor and a Felony?
Overall, the felony and misdemeanor difference lies in the type of offense, how the law classifies the severity of the offense, and what that classification means for sentencing, rights, and long-term consequences.
Misdemeanor
In Nebraska, there are seven types of misdemeanors, ranging from Class I to Class W. Each has its own sentencing limits, and most misdemeanor cases are handled in county court and may involve only a few court dates. A Class I misdemeanor, for example, is the most serious—punishable by up to one year in jail and a $1,000 fine, while a Class V or Class W may result only in a small fine and no jail time at all.
Felony
Under Nebraska law, a felony is a more serious crime, punishable by more than one year in prison and fines up to $25,000, depending on the class of felony. Prosecutors generally take tougher stances on felony cases, especially where mandatory minimums or victims are involved. The judge’s discretion is also narrower for felony sentencing.
The Misdemeanor and Felony Difference: Common Examples
Understanding the difference between felony and misdemeanor charges in Nebraska also means understanding the types of crimes typically associated with each.
Misdemeanor charges may include:
- First-time DUI,
- Shoplifting with a value below $1,499.99,
- Disorderly conduct or trespassing, or
- Minor assaults or threats.
Felony charges may include:
- Possession of hard drugs (meth, cocaine, heroin),
- DUI with serious injury or third offense aggravated or higher,
- Theft over $1,500.00,
- Assault causing serious bodily injury, assault using a dangerous instrument or domestic violence causing serious bodily injury, or
- Felon in possession of a dangerous instrument or firearm.
- Possession with intent to deliver marijuana or marijuana over a pound.
In some situations, the same act can be charged either way, depending on context. That’s why knowing the difference in misdemeanor and felony implications is so important, and it is why hiring a defense attorney immediately can change the course of your case.
What is a Felony vs. Misdemeanor Penalty?
Here’s where the difference becomes more than theoretical; it carries real consequences.
Misdemeanor penalties may include:
- Up to 1 year in county jail (Class I),
- Fines up to $1,000,
- Probation or community service instead of jail (sometimes), and
- Criminal record—but possible sealing under certain conditions.
- One year to life in prison, or even a death sentence, depending on the felony class;
- Fines of $10,000 to $25,000;
- Mandatory minimum sentences for many offenses;
- Loss of voting rights while incarcerated, on probation or on parole;
- Permanent loss of firearm rights;
You should also remember that the answer isn’t just about the number of months behind bars. It’s also about the lasting stigma, the lifelong impact on your civil rights, and the hurdles that follow you long after release, including future difficulty finding housing, jobs, and financial aid.
Petersen Criminal Defense Law Understands the Difference Between Felony and Misdemeanor Charges. We’ll Fight for You Every Step of The Way
Petersen Criminal Defense Law knows the difference misdemeanor and felony charges can have on your future. Whether you’re facing a felony, a misdemeanor, or both, we’ll treat your case with the urgency it deserves while fighting for a just resolution.
Tom Petersen has practiced criminal defense exclusively since 1995. Named one of the Top 50 Defense Attorneys in Nebraska by NAFDD, Tom is known for challenging police evidence, crafting strong defense strategies, and pushing for dismissal or reduced charges. We serve clients 24 hours a day, seven days a week across Omaha.
Contact us today for free, confidential consultations, and let attorney Tom Petersen assess your charges, explain the options, and start building a defense that puts you back in control.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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