Misdemeanor vs. Felony: What's the Difference?
The main difference is the maximum punishment. Under federal law, a felony is a crime punishable by more than one year in prison and a misdemeanor carries one year or less; in states such as California and Alaska, misdemeanor time is served in a local jail while felony time is served in prison. The least serious offenses, called infractions or violations, are typically punished only by a fine. Each state sets its own classes and penalties, and a felony conviction can carry lasting consequences such as losing the right to possess firearms under federal law.
What the law says
- Under federal law, an offense is classified by its maximum authorized prison term: a felony carries more than one year (Class E: more than one year but less than five; up to Class A: life imprisonment or death), a misdemeanor carries one year or less, and an infraction carries five days or less or no imprisonment. 18 U.S.C. § 3559(a) (govinfo.gov)
- Federal misdemeanors are divided into Class A (more than six months up to one year), Class B (more than 30 days up to six months), and Class C (more than five days up to 30 days). 18 U.S.C. § 3559(a) (govinfo.gov)
- Unless a statute sets a different amount, the maximum federal fine for an individual is $250,000 for a felony, $100,000 for a Class A misdemeanor that does not result in death, and $5,000 for a Class B or C misdemeanor or an infraction. 18 U.S.C. § 3571 (govinfo.gov)
- Federal felony charges come from a grand jury indictment, which requires at least twelve grand jurors to agree; federal misdemeanor charges do not have to come from a grand jury. U.S. Department of Justice, Justice 101: Charging
- Example (California): someone convicted of a misdemeanor could face county jail time from up to 6 months to a year depending on the crime, while someone convicted of a felony could be sentenced to state prison, including life in prison. California Courts Self-Help Guide, Criminal Court
- Example (California): infractions are the least serious type of offense; they cannot be punished with jail time, the punishment is typically a fine, and a person charged only with an infraction does not have a right to a court-appointed lawyer or a jury trial. California Courts Self-Help Guide, Criminal Court
- Example (Alaska): a misdemeanor carries up to 1 year in jail and/or a $25,000 fine (class A), or up to 90 days and/or a $2,000 fine (class B); a felony can bring a year or more in prison and fines up to $500,000, depending on the crime, and felonies are grouped as unclassified (most serious) and classes A, B, and C (least serious). Alaska Court System Self-Help, Background about Criminal Cases
- Example (Alaska): a felony defendant goes before the court within 24 hours after arrest for a "first appearance," and felony cases also involve a preliminary hearing or grand jury; a misdemeanor defendant has an arraignment, and after a guilty or no contest plea the judge usually sentences immediately. Alaska Court System Self-Help, Steps in a Criminal Case
- Under 18 U.S.C. § 922(g)(1), anyone convicted of a crime punishable by imprisonment for more than one year may not ship, transport, possess, or receive firearms or ammunition; § 922(g)(9) separately covers people convicted of a misdemeanor crime of domestic violence. 18 U.S.C. § 922 (govinfo.gov)
- In federal court, appointed counsel must be provided to financially eligible people charged with a felony or a Class A misdemeanor, and may be provided for Class B or C misdemeanors. 18 U.S.C. § 3006A (Criminal Justice Act) (govinfo.gov)
- In most federal felony cases, the judge waits for the results of a presentence report before sentencing. U.S. Courts, Criminal Cases
FAQ
What makes a crime a felony instead of a misdemeanor?
The maximum possible sentence. Under federal law, a crime punishable by more than one year in prison is a felony, and one punishable by one year or less is a misdemeanor.
Do you go to jail or prison for a misdemeanor?
Usually jail. In California, a misdemeanor can mean county jail time up to 6 months to a year, while a felony can mean state prison.
What is an infraction or violation?
The least serious category of offense. In California, an infraction cannot be punished with jail time and is typically punished with a fine; Alaska describes violations similarly.
What are the maximum federal fines?
Generally $250,000 for a felony, $100,000 for a Class A misdemeanor not resulting in death, and $5,000 for a Class B or C misdemeanor or an infraction, unless the specific statute says otherwise.
Can a felon own a gun?
Federal law (18 U.S.C. § 922(g)(1)) bars anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition.
Are felony and misdemeanor definitions the same in every state?
No. Each state sets its own classes and penalties. Alaska, for example, uses unclassified and class A, B, and C felonies and class A and B misdemeanors.
Related
- Can Criminal Charges Be Dropped?
- Do I Need a Lawyer for a Misdemeanor?
- Federal Drug Charges: Penalties and Mandatory Minimums
- Federal Gun Charges: Felon in Possession, 924(c), and Penalties
- Federal vs. State Crimes: What's the Difference?
- How Does Juvenile Court Work?
- How Long Does a Felony Stay on Your Record?
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- How to Appeal a Criminal Conviction
- How to Get a Public Defender
- Illegal Reentry After Deportation: Federal Charges and Penalties
- Should You Talk to Police Without a Lawyer?
- What Happens After an Arrest?
- What Is a Bench Warrant?
- What Is an Arraignment?
- What Is Extradition?
- What Is Mail Fraud?
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- What to Do If You Have a Warrant
- Criminal Law by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.