Don’t be dismayed if you have a difficult time understanding the difference between misdemeanors and felonies, robberies and burglaries, grand theft, petty theft, and petty offenses. Many people have mentioned their confusion. You may also wonder about indictments and grand juries, particularly since law and law enforcement are such popular topics today.

The difference between misdemeanors and felonies is the punishment. A misdemeanor is a crime - less serious than a felony - which is punishable by a fine or imprisonment in a city or county jail rather than a penitentiary. A felony is a serious crime punishable by death or by imprisonment in a state or federal penitentiary.

Among the felonies first recognized under common law were homicide, arson, rape, and larceny, which includes burglary and robbery. Modern legislation has significantly enlarged these felonies to include kidnapping, tax-evasion, and drug dealing.

Misdemeanor is a term applied to offenses that are not felonies. There is a subclassification of misdemeanor called petty offense. Among the more common petty offenses are disorderly conduct, public drunkenness, and ordinary automobile driving violations. Some misdemeanors are, like felonies, indictable offenses, or those subject to action by a grand jury. Some types of assault, perjury, minor sex offenses, selling liquor to minors, and operating an illegal gambling establishment are among the most common.

Now we enter the world of robbery and burglary. Burglary is the larcenous felony of breaking into and entering the property of another with the intent to steal.

Robbery, on the other hand, is more violent. It is the taking of property from another person, or in his or her immediate presence against his or her will by violence or intimidation.

Grand theft is simply a theft of items over $400.00; petty theft, less than $400.00.

A grand jury (called "grand" because of its size) consists of not less than 12 nor more than 24 people, including alternates, who listen to evidence from any number of sources to decide if someone should be indicted for an offense. It is not a judge who presides, but a prosecutor from a federal, state, or local jurisdiction, depending on the nature of the offense. No lawyers are allowed at these secret, but informal, proceedings. In California, as in many other states, a grand jury is appointed by the District Attorney and other legislators and usually sit on the jury for a year.

If the grand jury decides, on the basis of testimony and evidence, that a crime has been committed, it presents a bill of indictment. The next step in the justice system is trial in a criminal court.

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-Courtesy RB NEWSJournal
February 3, 2000