Felony vs Misdemeanor

Federal & State Law Editorial TeamLast reviewed: April 2026

Understand the critical differences between felony and misdemeanor charges including penalties, court procedures, collateral consequences, and impact on civil rights.

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Overview

The American criminal justice system classifies offenses into two primary categories: felonies and misdemeanors. This distinction is one of the most fundamental in criminal law and carries consequences that extend far beyond the courtroom, affecting employment, housing, voting rights, and firearm ownership for years or even a lifetime.

Felonies are the most serious category of criminal offense, typically punishable by imprisonment of more than one year in a state or federal prison. They include crimes such as murder, armed robbery, drug trafficking, and serious fraud. Misdemeanors are less serious offenses punishable by up to one year in a county or local jail, fines, probation, or community service. Common misdemeanors include petty theft, simple assault, disorderly conduct, and first-offense DUI.

Some states recognize additional classifications. Many jurisdictions divide felonies and misdemeanors into classes or degrees (e.g., Class A felony, Class B misdemeanor) with corresponding sentencing ranges. A few states also recognize "infractions" or "violations" below misdemeanors, and some offenses — called "wobblers" — can be charged as either a felony or misdemeanor depending on the circumstances and the defendant's criminal history.

Side-by-Side Comparison

Factor	Felony	Misdemeanor
Definition	Serious criminal offense punishable by more than 1 year in prison	Less serious offense punishable by up to 1 year in jail
Incarceration	State or federal prison, often 1-25+ years or life	County or local jail, typically 0-12 months
Fines	Often $5,000 to $250,000+ depending on offense	Typically $500 to $5,000
Examples	Murder, armed robbery, drug trafficking, arson, kidnapping	Petty theft, simple assault, trespassing, first-offense DUI
Court Process	Grand jury indictment or preliminary hearing; formal arraignment	Typically begins with complaint or citation; simpler proceedings
Right to Jury Trial	Always guaranteed under the Sixth Amendment	Guaranteed if potential sentence exceeds 6 months
Voting Rights	Lost during incarceration in most states; restoration varies	Generally no impact on voting rights
Firearm Rights	Permanently lost under federal law (18 U.S.C. § 922(g))	Generally retained unless domestic violence conviction
Employment Impact	Severe — many employers exclude felony convictions	Moderate — less stigma but still reported on background checks
Record Expungement	Difficult or impossible in many jurisdictions	Often eligible for expungement after completion of sentence

Frequently Asked Questions

What is a 'wobbler' offense?▼

A wobbler is a crime that can be charged as either a felony or a misdemeanor at the prosecutor's discretion. Common wobblers include assault with a deadly weapon, grand theft, and vandalism causing significant damage. Factors like the defendant's criminal history, the severity of harm, and the specific facts determine how the charge is filed.

Can a felony be reduced to a misdemeanor?▼

In some jurisdictions, yes. Many states allow felony charges to be reduced to misdemeanors through plea bargaining, diversion programs, or post-conviction motions. Some states like California have specific procedures to reduce wobbler felonies to misdemeanors after successful completion of probation (Penal Code § 17(b)).

Do misdemeanors show up on background checks?▼

Yes. Misdemeanor convictions typically appear on criminal background checks conducted by employers, landlords, and licensing agencies. However, some states limit how far back employers can look (often 7 years), and certain misdemeanors may be eligible for expungement or sealing.

What are the collateral consequences of a felony conviction?▼

Beyond imprisonment and fines, felony convictions can result in loss of voting rights, permanent loss of firearm rights, ineligibility for federal student loans, deportation for non-citizens, loss of professional licenses, restrictions on housing (especially public housing), and inability to serve on a jury.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.