Criminal offenses in the United States are generally divided into two main categories: misdemeanors and felonies. The label matters a great deal. It affects how long someone can be locked up, where they serve their sentence, and the long-term consequences for jobs, housing, voting and gun ownership. This guide explains the difference in plain English.
For background on how criminal cases differ from lawsuits, see the differences between civil and criminal law.
Table of Contents
Key Takeaways
- The main difference is the maximum possible punishment.
- A misdemeanor is usually punishable by up to one year in a local jail. A felony is punishable by more than one year in state or federal prison.
- Some crimes, called wobblers, can be charged either way.
- Felony convictions carry serious long-term consequences that misdemeanors usually do not.
The Basic Difference
Under federal law and in most states, the dividing line is the length of the possible sentence:
- Misdemeanor: a crime punishable by up to one year of incarceration, usually served in a county or city jail.
- Felony: a crime punishable by more than one year, usually served in a state or federal prison. The most serious felonies can carry life imprisonment or, in some states, the death penalty.
What matters is the maximum possible sentence for the offense, not the sentence a person actually receives. Someone convicted of a felony might receive probation and no prison time, but the conviction is still a felony.
Levels Within Each Category
Most states divide misdemeanors and felonies into classes or degrees. The names vary. For example, some states use Class A, B and C misdemeanors, while others use first-, second- and third-degree felonies. The federal system classifies felonies from Class A (the most serious) to Class E, and misdemeanors from Class A to Class C.
| Category | Typical maximum penalty | Common examples |
|---|---|---|
| Infraction / violation | Fine only, no jail | Most traffic tickets, littering |
| Misdemeanor | Up to 1 year in jail, fines, probation | Petty theft, simple assault, first-offense DUI (in many states), trespassing, disorderly conduct |
| Felony | More than 1 year in prison, large fines | Burglary, robbery, aggravated assault, drug trafficking, grand theft, murder |
Exact penalties depend on the state and the specific charge. Our article on the main types of crimes covers common offense categories.
Wobblers: Crimes That Can Go Either Way
Some offenses can be charged as either a misdemeanor or a felony. These are often called “wobblers.” The prosecutor decides how to charge them based on factors such as:
- The amount of harm or loss involved (for example, the value of stolen property).
- Whether a weapon was used.
- The defendant’s criminal history.
- Whether the victim was a child, an elderly person or a police officer.
In some states, a judge can reduce a wobbler felony to a misdemeanor at sentencing or after the person successfully completes probation.
How the Court Process Differs
Misdemeanor cases
Misdemeanor cases usually move faster. After an arrest or citation, the person appears for an arraignment, enters a plea, and the case is often resolved through a plea agreement, diversion program or short trial. Many misdemeanor cases are handled in a lower court, such as a municipal or county court.
Felony cases
Felony cases involve more steps and more protections. They often include a preliminary hearing, where a judge decides whether there is enough evidence to proceed, or a grand jury indictment. Felony defendants have the right to a jury trial, and cases can take months or years to resolve.
Right to a lawyer
Anyone charged with a felony has a constitutional right to a lawyer, and the court will appoint a public defender if they cannot afford one. For misdemeanors, the right to appointed counsel applies when the person could actually be sentenced to jail time.
Long-Term Consequences
The biggest practical difference often comes after the sentence ends. A felony conviction can affect:
- Gun rights: federal law generally bars people convicted of crimes punishable by more than one year from possessing firearms.
- Voting: rules vary by state, from no restrictions to loss of voting rights until the full sentence is completed.
- Jury service: many states disqualify people with felony convictions.
- Employment: many employers run background checks, and some professional licenses are hard to get with a felony.
- Housing: landlords and public housing programs may screen for convictions.
- Immigration: non-citizens can face deportation or be denied status for certain convictions, including some misdemeanors.
- Education: some financial aid and program admissions may be affected.
Misdemeanor convictions can also cause problems, especially for domestic violence offenses, which can trigger a federal firearm ban, and for drug or theft offenses that show up in job screenings.
Can a Conviction Be Cleared?
Many states allow people to expunge or seal certain records, which removes them from most public background checks. Misdemeanors are usually easier to clear than felonies, and waiting periods are common. Some states have passed “clean slate” laws that automatically seal certain older records. Serious violent felonies usually cannot be expunged.
Examples: How the Same Act Can Be Charged Differently
- Theft: stealing items below a state’s dollar threshold is often a misdemeanor; above it, the same act can be felony grand theft.
- Assault: a minor scuffle may be simple assault (a misdemeanor), while using a weapon or causing serious injury can be aggravated assault (a felony).
- DUI: a first DUI is usually a misdemeanor, but repeat offenses or crashes causing serious injury are often felonies.
- Drug possession: small amounts may be a misdemeanor in some states, while larger amounts or intent to sell can be a felony.
What to Do If You Are Charged
- Stay silent beyond giving basic identifying information, and ask for a lawyer.
- Do not discuss the case with friends, on the phone from jail, or on social media.
- Get a lawyer quickly, either a private criminal defense attorney or a public defender.
- Attend every court date. Missing court can lead to a warrant and extra charges. See our guide on what happens if you miss a court date.
- Ask about diversion programs, which can lead to dismissal for some first-time offenders.
A defense lawyer can also explain possible defenses. Our article on common legal defenses against criminal charges is a useful starting point.
Bottom Line
The line between a misdemeanor and a felony usually comes down to whether the crime is punishable by more than one year. That line has major consequences for your freedom and your future. If you or a family member is facing charges, talk to a criminal defense lawyer as early as possible, because the charge level, plea options and record-clearing possibilities can often be negotiated.
Frequently Asked Questions
Is a misdemeanor a criminal record?
Yes. A misdemeanor conviction is a criminal conviction and usually appears on background checks. Many states let you seal or expunge some misdemeanors after a waiting period.
Can a felony be reduced to a misdemeanor?
Often, yes. Prosecutors may agree to reduce a charge in a plea deal, and some states let judges reduce certain felonies, called wobblers, to misdemeanors at sentencing or after probation is completed.
Do felons lose the right to vote?
It depends on the state. Some states never take away voting rights, many restore them after release or after the sentence is complete, and a few have stricter rules. Check your state election office for current rules.
What is the difference between a felony and an infraction?
An infraction, such as most speeding tickets, is a minor violation usually punished only by a fine. It is not a crime in most states, while misdemeanors and felonies are crimes that can lead to jail or prison.
Official Resources
Laws change and vary by state. These official sources are good places to check the current rules:
- How criminal cases work (U.S. Courts)
- Criminal law overview (Cornell LII)
- Find free legal aid near you (Legal Services Corporation)
Written by
Emam Hasan is the founder and editor of LawyerInfos. He is a digital marketer, content writer and English teacher based in Dhaka, Bangladesh, who researches legal topics from official sources and turns them into clear, plain-English guides. He is not a lawyer.