How U.S. Law Classifies Crimes
American criminal law sorts offenses mainly by how severely they can be punished. The dividing line used by federal law and most states is one year of imprisonment. Under the federal classification statute, 18 U.S.C. § 3559, an offense with a maximum term of more than one year is a felony, and an offense with a maximum of one year or less is a misdemeanor. Offenses with a maximum of five days or less are classified as infractions.
What matters is the maximum possible sentence written into the law, not the sentence a particular person actually receives. If a statute allows up to three years in prison, the crime is a felony even if the judge imposes only probation.
Most criminal prosecutions in the United States happen in state court under state law, so the classification that usually matters is the one in your state's penal code. Many states follow the same one-year line, but the labels, sub-classes, and penalty ranges vary.
Felonies
Felonies are the most serious category of crime. Common examples include murder, rape, robbery, burglary, arson, kidnapping, aggravated assault, large-scale theft or fraud, and trafficking in controlled substances.
Many states divide felonies into classes or degrees (for example, Class A through Class E, or first- through fourth-degree felonies), each with its own sentencing range. The federal system uses Classes A through E in 18 U.S.C. § 3559.
Typical features of a felony case:
- Prison time of more than a year is possible, and sentences are usually served in a state or federal prison rather than a county jail.
- Grand jury indictment is required for federal felonies under the Fifth Amendment. Many states instead use a preliminary hearing and a prosecutor's charging document called an information.
- A right to a jury trial applies, along with the right to a court-appointed lawyer if the defendant cannot afford one (Gideon v. Wainwright).
Misdemeanors
Misdemeanors are less serious crimes. Common examples include petty theft or shoplifting of lower-value items, simple assault, trespassing, disorderly conduct, vandalism below a dollar threshold, and many first-offense DUI charges.
Penalties usually include fines, probation, community service, counseling or classes, and jail time of up to one year. Many states split misdemeanors into classes (such as Class A, B, and C) with different maximums.
Even though misdemeanors are "minor" compared with felonies, they are still crimes. A conviction creates a criminal record that can show up on background checks.
Felony vs. Misdemeanor at a Glance
| Feature | Felony | Misdemeanor |
|---|---|---|
| Maximum incarceration | More than one year (or death) | One year or less |
| Where time is served | Usually state or federal prison | Usually local or county jail |
| Typical examples | Robbery, burglary, aggravated assault, drug trafficking | Petty theft, trespass, simple assault, disorderly conduct |
| Charging (federal) | Grand jury indictment required | Indictment not required |
| Long-term consequences | Often severe and lasting | Usually lighter, but still a criminal record |
"Wobblers": Crimes That Can Go Either Way
Some states have offenses that can be charged or sentenced as either a felony or a misdemeanor. California calls these "wobblers." The prosecutor decides how to charge the offense, and in some cases the judge can later reduce a felony to a misdemeanor based on the facts and the defendant's history.
Examples that are often wobblers include certain assaults, some theft and fraud offenses, and some drug possession charges. Whether an offense wobbles depends entirely on state law.
Collateral Consequences of a Felony Conviction
The penalties in the statute are only part of the picture. A felony conviction can trigger many collateral consequences that last long after a sentence ends:
- Firearms: Federal law generally prohibits anyone convicted of a crime punishable by more than one year from possessing firearms or ammunition (18 U.S.C. § 922(g)).
- Voting: Rules vary widely. Some states never remove voting rights, others restore them after release or after the sentence is completed, and a few require an individual restoration process.
- Jury service and public office: Many states bar people with felony convictions from serving on juries or holding certain offices.
- Employment and licensing: Background checks and professional licensing boards often treat felonies more harshly than misdemeanors.
- Immigration: For non-citizens, certain convictions — including some misdemeanors — can lead to deportation or bar future immigration benefits.
How State Laws Differ
Because each state sets its own rules, you should check your state's code for:
- Dollar thresholds that turn a theft from a misdemeanor into a felony. These range from a few hundred dollars to several thousand, depending on the state.
- Repeat-offense rules that elevate a misdemeanor to a felony, such as a third DUI or a repeat domestic violence offense.
- Classification labels and sentencing ranges for each class or degree.
- Record-clearing options such as expungement, sealing, or reducing a felony to a misdemeanor after probation.
What to Do If You Are Charged
- Do not discuss the case with police without a lawyer. You have the right to remain silent and the right to counsel.
- Find out exactly what you are charged with. The charging document lists each offense and whether it is a felony or a misdemeanor.
- Get a lawyer. If you cannot afford one, ask the court for a public defender at your first appearance.
- Ask about alternatives. Diversion programs, plea negotiations, and wobbler reductions can significantly change the outcome.
- Ask about the long-term effects. Before accepting a plea, understand how the conviction will affect firearms rights, immigration status, employment, and record clearing.
