Crimes are generally divided into misdemeanors, which are less serious, and felonies, which are more serious. The line varies by state.
Typical differences
- Misdemeanors usually carry up to one year in county jail, fines or probation.
- Felonies can carry more than a year in prison and heavier fines.
- Some states have classes within each category.
- Some offenses can be charged as either, called wobblers.
Examples
Shoplifting low-value items, simple assault and some first-time DUI offenses are commonly misdemeanors. Burglary, serious assault, drug trafficking and large thefts are commonly felonies. Specifics depend on state law and the facts.
Lasting consequences
- Felony convictions often remove voting or gun rights, at least temporarily, in some states.
- Employment, housing and professional license barriers.
- Immigration consequences for non-citizens, even for some misdemeanors.
- A longer period before records can be sealed or expunged.
What to do if charged
Speak with a criminal defense lawyer as soon as possible. The classification may be negotiable, and an attorney can explain consequences that are not obvious. See our guides to expungement and plea bargains.
Frequently asked questions
Can a felony be reduced to a misdemeanor?
Sometimes, by plea agreement or after successful completion of probation in some states.
What are infractions?
Minor offenses, such as many traffic violations, usually punished by fines only.