The difference between a misdemeanor and a felony can affect almost every part of a criminal case: possible jail or prison time, fines, bail, court procedure, probation, employment consequences, firearm rights, immigration consequences, and whether a criminal record can eventually be sealed or expunged.
In the United States, criminal offenses are generally divided into categories such as infractions, misdemeanors, and felonies. However, states do not use identical classifications. An offense classified as a misdemeanor in one state can sometimes be treated differently in another.
Understanding the difference between misdemeanor and felony charges is therefore important for anyone who has been arrested, received a criminal summons, or is facing prosecution.
What Is a Misdemeanor?
A misdemeanor is a criminal offense generally considered less serious than a felony.
Under federal law, an offense carrying a maximum authorized imprisonment term of one year or less, but more than five days, falls within misdemeanor classifications. Federal misdemeanors are further divided into Classes A, B, and C according to the maximum authorized imprisonment. (law.cornell.edu)
State definitions differ.
Many states similarly use the possibility of approximately one year or less of incarceration as an important dividing line, but the classification systems and penalties are not uniform nationwide.
A misdemeanor is still a criminal charge. It should not be confused with an ordinary traffic ticket or civil violation.
Common Misdemeanor Charges
Depending on state law and the circumstances, misdemeanor charges can include certain:
- Simple assault offenses
- Petty theft or shoplifting offenses
- Trespassing offenses
- Disorderly conduct offenses
- DUI or DWI offenses
- Drug possession offenses
- Criminal mischief offenses
- Domestic violence offenses
- Driving offenses
- Harassment offenses
The same type of conduct can sometimes become a felony when aggravating circumstances are present.
For example, the value of stolen property, seriousness of an injury, use of a weapon, identity of the alleged victim, or defendant’s prior convictions can potentially change the classification.
What Is a Felony?
A felony is generally a more serious category of criminal offense.
Under federal law, an offense punishable by more than one year of imprisonment falls within one of the federal felony classifications. Federal law divides felonies into Classes A through E according to the maximum authorized punishment. (law.cornell.edu)
State felony classifications vary substantially.
Examples of offenses that may constitute felonies include certain:
- Homicide offenses
- Robbery offenses
- Burglary offenses
- Aggravated assaults
- Serious drug offenses
- Sexual offenses
- Weapons offenses
- Fraud offenses
- Theft offenses involving higher-value property
- Repeat offenses elevated by statute
Being charged with a felony does not mean someone has been convicted of a felony. The prosecution still must establish the charge through a guilty plea or conviction.
Felony Classes and Degrees
Many states divide felonies into classes or degrees.
A state might use classifications such as:
- Class A felony
- Class B felony
- Class C felony
- Class D felony
Another state might instead use:
- First-degree felony
- Second-degree felony
- Third-degree felony
Some jurisdictions use numbered classes such as Class 1 through Class 6.
The terminology alone does not tell you the possible sentence.
A Class A felony in one jurisdiction cannot automatically be compared with a Class A felony in another state because each state defines its own classifications and sentencing ranges.
Misdemeanor Classes
Misdemeanors can also have different levels.
A state may classify offenses as:
- Class A misdemeanor
- Class B misdemeanor
- Class C misdemeanor
or:
- First-degree misdemeanor
- Second-degree misdemeanor
Some states use entirely different terminology.
Higher-level misdemeanors generally expose a defendant to greater potential penalties than lower-level misdemeanors.
How Much Jail Time Can You Get for a Misdemeanor?
A misdemeanor conviction can result in incarceration.
The maximum jail sentence depends on the jurisdiction and classification.
Under the federal classification system:
- Class A misdemeanor: more than six months but not more than one year
- Class B misdemeanor: more than 30 days but not more than six months
- Class C misdemeanor: more than five days but not more than 30 days
An offense carrying five days or less is classified federally as an infraction. (law.cornell.edu)
State misdemeanor sentencing ranges can be different.
A defendant also does not automatically receive the maximum sentence simply because that punishment is legally authorized.
The actual sentence can depend on the offense, criminal history, sentencing law, plea agreement, aggravating and mitigating circumstances, and other factors.
How Much Prison Time Can You Get for a Felony?
Felony sentences can range dramatically.
Some felony convictions can result in relatively short periods of incarceration or probation, while serious felonies can result in decades of imprisonment or life sentences.
Under federal law, felony classifications range from offenses punishable by more than one year to Class A felonies carrying life imprisonment or death where legally authorized. (law.cornell.edu)
State sentencing laws establish their own minimum and maximum penalties.
The specific criminal statute—not simply the word “felony”—must be examined to determine the potential sentence.
Jail vs. Prison
The terms jail and prison are frequently used as though they mean the same thing, but they generally describe different correctional systems.
Jails are typically local facilities operated by counties or municipalities. They commonly hold:
- People awaiting trial
- Defendants unable to obtain pretrial release
- People serving shorter sentences
Prisons generally house people serving longer sentences following felony convictions and are typically operated by state or federal correctional authorities.
However, where a particular sentence is served depends on the jurisdiction and sentence imposed.
Can You Get Probation for a Misdemeanor?
Yes. Probation is common in many misdemeanor cases when legally available.
Instead of—or sometimes in addition to—incarceration, a court may impose conditions such as:
- Reporting to a probation officer
- Drug or alcohol testing
- Community service
- Counseling
- Treatment programs
- Payment of fines
- Restitution
- No-contact orders
- Restrictions on travel
- Compliance with other court conditions
Violating probation can result in a probation violation proceeding and potentially additional penalties.
Can You Get Probation for a Felony?
Yes. Some felony offenses are eligible for probation.
Felony probation eligibility depends on the offense, criminal history, sentencing statutes, and jurisdiction.
Certain serious offenses or mandatory sentencing statutes can limit or eliminate probation as an option.
A felony charge therefore does not automatically mean that a defendant will receive a prison sentence, although incarceration exposure is generally greater than for a misdemeanor.
Can a Misdemeanor Become a Felony?
Yes.
Certain conduct can be prosecuted as either a misdemeanor or felony depending on the circumstances.
Factors that can increase the seriousness of a charge include:
- Prior convictions
- Use of a weapon
- Serious bodily injury
- Higher property value
- Age or status of the alleged victim
- Commission of another offense
- Certain domestic violence histories
- Amount or type of controlled substance
Some offenses are sometimes informally called wobblers because the law allows misdemeanor or felony treatment depending on the circumstances and jurisdiction.
California is particularly known for formally using this concept in its criminal law, although other states have statutes that can produce similar results.
Can a Felony Be Reduced to a Misdemeanor?
Sometimes.
A felony charge may potentially be reduced through:
- Plea negotiations
- Amendment of the charge
- Prosecutorial discretion
- Successful legal motions
- Statutory reduction procedures
- Certain diversion programs
- Post-conviction relief where authorized
Whether reduction is legally possible depends on the offense and state law.
Some crimes cannot simply be reduced because the defendant requests a lesser charge.
What Is an Infraction?
An infraction is generally less serious than a misdemeanor.
Infractions commonly include certain:
- Traffic violations
- Parking violations
- Municipal-code violations
- Other minor offenses
Some infractions do not carry possible incarceration.
Under federal law, an offense carrying a maximum authorized imprisonment of five days or less, or no imprisonment, is classified as an infraction. (law.cornell.edu)
State rules differ.
Misdemeanor vs. Felony Criminal Records
Both misdemeanor and felony convictions can create criminal records.
A common misconception is that misdemeanors automatically disappear after several years.
They generally do not automatically disappear simply because time passes.
A criminal background check may potentially reveal:
- Arrests
- Pending charges
- Misdemeanor convictions
- Felony convictions
- Court dispositions
What appears depends on the jurisdiction, record system, type of background check, and whether the record has been sealed, expunged, or otherwise restricted.
Can a Misdemeanor Be Expunged?
Possibly.
Many states provide procedures for sealing, expunging, setting aside, or restricting access to certain misdemeanor records.
Eligibility can depend on:
- Type of offense
- Case outcome
- Number of convictions
- Completion of probation
- Payment of required obligations
- Waiting period
- Subsequent criminal history
Some offenses are excluded from expungement.
The terminology is also important because expungement and sealing do not necessarily mean the same thing.
Can a Felony Be Expunged?
Some felony records can be sealed or expunged in certain states, while others cannot.
Eligibility is generally much more restrictive for serious offenses.
States may exclude offenses involving:
- Serious violence
- Certain sex crimes
- Crimes against children
- Other specifically prohibited offenses
Federal criminal records are particularly important to distinguish from state records because there is no broad federal expungement statute comparable to the systems available in many states.
Does a Misdemeanor Show Up on a Background Check?
It can.
Employers, landlords, licensing agencies, and other organizations may use criminal background checks.
Whether a misdemeanor appears can depend on:
- State law
- Age of the record
- Type of search
- Whether the case resulted in conviction
- Whether the record was sealed or expunged
- Laws regulating employment background checks
A misdemeanor should therefore not be assumed to be invisible simply because it is less serious than a felony.
Employment Consequences
A criminal conviction can affect employment opportunities.
The impact depends heavily on the occupation, offense, state law, and employer.
Certain jobs may involve additional background requirements, including work involving:
- Children
- Healthcare
- Financial services
- Government positions
- Security
- Commercial driving
- Professional licensing
Federal and state employment laws can also restrict how criminal history information is used in certain circumstances.
Professional Licenses
A criminal conviction can potentially affect professional licensing.
Examples include licenses involving:
- Medicine
- Nursing
- Law
- Accounting
- Real estate
- Contracting
- Education
- Commercial driving
The licensing consequences depend on the offense and rules governing the profession.
A misdemeanor is therefore not necessarily insignificant merely because incarceration exposure is lower than for a felony.
Firearm Rights After a Felony Conviction
Federal law generally prohibits people convicted of crimes punishable by imprisonment for more than one year from possessing firearms, subject to statutory definitions and exceptions. (atf.gov)
State firearm restrictions may impose additional requirements.
Certain misdemeanor convictions can also create firearm restrictions, particularly qualifying domestic violence convictions under federal law.
Anyone concerned about firearm eligibility should determine the specific effect of the conviction rather than relying solely on whether the state labeled the offense a misdemeanor or felony.
Immigration Consequences of Criminal Charges
Criminal convictions can create serious immigration consequences for non-U.S. citizens.
Immigration law does not simply classify consequences according to whether a state calls an offense a misdemeanor or felony.
The specific offense, statutory elements, sentence, immigration status, and other factors can matter.
Certain convictions can potentially affect:
- Visas
- Permanent residency
- Naturalization
- Admissibility
- Deportation or removal proceedings
A noncitizen facing criminal charges should consider obtaining advice that addresses both criminal and immigration consequences before accepting a plea agreement.
Voting Rights After a Felony Conviction
Felony voting restrictions vary considerably among states.
Some states restore voting rights automatically after release or completion of a sentence. Others impose additional requirements.
The National Conference of State Legislatures tracks these substantial state-by-state differences. (ncsl.org)
A person should check current law in their state rather than assume that a felony conviction permanently eliminates voting rights.
Misdemeanor vs. Felony: Major Differences
| Issue | Misdemeanor | Felony |
|---|---|---|
| Seriousness | Generally less serious | Generally more serious |
| Incarceration | Usually shorter potential term | Potentially more than one year |
| Facility | Often local jail | Can involve state/federal prison |
| Probation | Frequently available | Available for some offenses |
| Fines | Possible | Possible and potentially substantial |
| Criminal record | Yes | Yes |
| Expungement | Often more broadly available | Usually more restricted |
| Firearm consequences | Possible for certain offenses | Frequently significant |
| Immigration consequences | Possible | Possible and potentially severe |
| Employment consequences | Possible | Often more significant |
These are general distinctions rather than universal rules.
State Criminal Classification Systems
States classify crimes differently.
For example, one state may use first-degree and second-degree misdemeanors, while another uses Class A, B and C misdemeanors.
Felony systems are similarly inconsistent.
This means that searching for “Class B felony sentence” without specifying the state can produce misleading information.
The correct questions are:
What criminal statute am I charged under?
How does that state classify the offense?
What is the statutory sentencing range?
Are there mandatory minimums?
Can the offense be reduced?
Is probation legally available?
What collateral consequences follow a conviction?
Those questions provide substantially more useful information than the misdemeanor or felony label alone.
What to Look for on Criminal Court Papers
A criminal complaint, citation, indictment, information, or other charging document may identify:
- Name of the offense
- Statutory section
- Degree or class
- Felony or misdemeanor classification
- Alleged date of offense
- Court case number
The statutory citation is particularly important.
Searching the exact statute can help identify the elements prosecutors must prove and the authorized sentencing range.
Before Pleading Guilty to a Misdemeanor or Felony
A plea agreement can resolve a criminal case without trial, but a guilty plea can create consequences beyond jail or fines.
Before entering a plea, relevant issues can include:
- Maximum possible sentence
- Minimum sentence
- Probation eligibility
- Criminal record consequences
- Employment consequences
- Professional licensing
- Firearm rights
- Immigration consequences
- Driver’s license consequences
- Sex-offender registration where applicable
- Expungement or sealing eligibility
A seemingly minor misdemeanor can sometimes have consequences that matter more to a particular defendant than the immediate sentence.