Felony vs Misdemeanor: Understanding Charge Classifications

Criminal offenses are classified into categories based on their severity. Understanding the difference between felonies and misdemeanors is essential because classification significantly affects potential penalties and long-term consequences.

What Is a Misdemeanor?

Misdemeanors are less serious criminal offenses. They typically carry penalties of up to one year in county or local jail, fines, probation, community service, or a combination of these. Common examples include petty theft, simple assault, first-offense DUI, and disorderly conduct.

What Is a Felony?

Felonies are more serious criminal offenses. They typically carry penalties of more than one year in state or federal prison. Examples include murder, robbery, burglary, certain drug offenses, and aggravated assault. Felonies often result in significant collateral consequences beyond the criminal sentence.

Classification Systems

Many states further classify offenses into subcategories. Misdemeanors may be classified as Class A, B, or C (or similar designations), with Class A being the most serious. Felonies often follow similar classification schemes, with corresponding sentencing ranges for each class.

Collateral Consequences

Beyond direct criminal penalties, felony convictions often carry lasting collateral consequences. These may include loss of voting rights, inability to possess firearms, restrictions on professional licensing, immigration consequences, and difficulty finding employment or housing.

Wobbler Offenses

Some offenses, known as “wobblers,” can be charged as either a misdemeanor or felony based on the circumstances of the case, the defendant’s criminal history, or prosecutorial discretion. The classification may significantly impact the potential consequences.