Misdemeanor vs. Felony: What's the Difference?

Crimes are generally sorted by how serious they are. Felonies are the most serious, misdemeanors are less serious, and infractions (like most traffic tickets) usually are not crimes at all. Which category a charge falls in affects the possible sentence, how the case moves through court, and the consequences long after it ends.

The basic difference

• Misdemeanor: generally punishable by up to a year in a local jail, fines, probation or community service. Examples often include petty theft, simple assault, trespassing and many first-offense DUIs.
• Felony: generally punishable by more than a year in state prison. Examples include burglary, robbery, serious drug distribution, aggravated assault and fraud above certain amounts.

Each state sets its own classes, such as Class A, B and C misdemeanors or felonies, with different sentence ranges.

Wobblers

Some offenses can be charged either way, depending on the facts and the defendant's record. Prosecutors decide how to charge them, and in some states a judge can later reduce a felony to a misdemeanor.

Differences in the court process

Felony cases usually involve more steps, such as a preliminary hearing or grand jury, and have a stronger right to a jury trial and appointed counsel. Misdemeanors often move faster, but they still carry a criminal record.

Long-term consequences

A felony conviction can affect the right to vote in some states, to own firearms, to hold certain professional licenses, to get some jobs and housing, and, for non-citizens, immigration status. Misdemeanors carry fewer of these consequences but can still show up on background checks.

Records can sometimes be cleared

Many states allow certain convictions, and many arrests that did not lead to convictions, to be expunged or sealed. See how to get a criminal record expunged.

Talk to a defense lawyer early

How a charge is filed, and whether it can be reduced, often depends on early work by a defense attorney. See what happens after an arrest and public defender vs. private attorney.

Find a criminal defense attorney near you.

This guide is general information, not legal advice. Criminal laws vary by state.