Felony vs. Misdemeanor: What Is the Difference?

Updated October 13, 2026 · 2 min read · 3 sources

Short answer

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

  1. Cornell Law School LII: 18 U.S.C. 3559, Sentencing classification of offenses
  2. Cornell Law School LII: Felony
  3. Cornell Law School LII: Misdemeanor

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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.

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