Felony vs. Misdemeanor: What Is the Difference?
The main difference is the possible punishment. A felony is generally a crime punishable by more than one year in prison, while a misdemeanor carries up to about a year, usually in a local jail. Felonies bring longer-lasting consequences, such as losing the right to own firearms and, in some states, to vote or serve on juries. Infractions are minor violations with fines only.
Every crime is classified, and that classification shapes almost everything that follows, from bail to sentencing to life after the case ends.
The basic line
| Misdemeanor | Felony | |
|---|---|---|
| Maximum sentence | Up to about 1 year | More than 1 year |
| Where served | Local jail | State or federal prison |
| Examples | Petty theft, simple assault, first DUI in most states, trespassing | Burglary, robbery, aggravated assault, drug trafficking |
Federal law classifies offenses with a maximum term of more than one year as felonies, divided into classes A through E, and lesser offenses as misdemeanors (A through C) or infractions (18 U.S.C. 3559). States use similar but not identical systems (Cornell LII).
Infractions
Infractions, like most traffic tickets, are not crimes in most states and carry fines only.
Long-term consequences of a felony
- Firearms: federal law generally bars people convicted of crimes punishable by more than a year from possessing guns
- Voting: rules differ by state, from no restriction to loss of voting rights until a sentence is completed
- Jury service and some public offices
- Employment and licensing: many professions screen for felonies
- Housing: landlords and public housing screen records
- Immigration: serious consequences for non-citizens, including some misdemeanors
Misdemeanors also show up on background checks, but generally carry fewer collateral effects. See what shows up on a criminal background check.
Wobblers
Some states have offenses that can be charged or sentenced either as a felony or a misdemeanor, sometimes called "wobblers." Prosecutors and judges decide based on the facts and the person's record, and some allow a felony to be reduced to a misdemeanor after probation is completed.
Reducing a charge
Felony charges are often reduced through plea agreements; see should you take a plea deal. After a case ends, many states allow sealing or expungement of certain convictions; see expungement.
Charged with a crime? A criminal defense lawyer can explain how it is classified in your state and what that means for you.
Sources
Find criminal defense lawyers near you
Charged with a crime, a DUI or DWI, or a serious traffic offense? Compare local criminal defense lawyers by Google rating, reviews and office hours below.
Criminal Defense Lawyers by state
Tap your state to see listings by city.
This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.