What Is the Difference Between a Misdemeanor and a Felony?

Criminal offenses are generally classified as misdemeanors or felonies based on their severity.

Misdemeanors are less serious offenses. Examples include petty theft, simple assault, trespassing, disorderly conduct, and first-offense DUI in many states. Penalties typically include fines, probation, community service, and up to one year in a county or local jail.

Felonies are more serious crimes. Examples include murder, robbery, burglary, sexual assault, drug trafficking, and fraud involving large amounts. Penalties include more than one year in state or federal prison, substantial fines, and lengthy probation or parole.

Classification systems. Most states use a class or degree system. Misdemeanors may be Class A (most serious) through Class C. Felonies may range from Class A or first degree (most serious, such as murder) to Class E or fifth degree.

Long-term consequences of felonies:

Wobbler offenses. Some crimes can be charged as either a misdemeanor or felony at the prosecutor's discretion. Factors include the circumstances of the offense, the defendant's criminal history, and the severity of harm.

Infractions are a third, less serious category (traffic violations, littering) that typically carry only fines.

This is legal information, not legal advice.