The main difference between a misdemeanor and a felony is the maximum punishment the law allows. Under federal law and in most states, a felony is a crime punishable by more than one year in prison, while a misdemeanor carries a maximum of one year or less, usually served in a local jail. What matters is the possible sentence, not the one a person actually receives.
Key takeaways
- Felonies carry possible sentences over one year; misdemeanors one year or less.
- A felony conviction can affect voting, gun ownership, jobs, housing and immigration status.
- Some offenses can be charged either way, and many records can later be sealed or expunged.
What is a misdemeanor?
Misdemeanors are lower-level offenses. Common examples include petty theft, simple assault without serious injury, trespassing, disorderly conduct and, in many states, a first DUI with no injuries. Penalties may include fines, probation, community service, classes or a short jail term.
Many states divide misdemeanors into classes (for example Class A, B and C) with different maximum sentences. Below misdemeanors sit infractions or violations, such as most traffic tickets, which usually carry only a fine and no jail.
What is a felony?
Felonies are the most serious crimes: murder, robbery, burglary, aggravated assault, rape, large-scale theft or fraud, and drug trafficking. They are also graded, often by class or degree, with the top categories carrying decades or life in prison. Sentences are served in state or federal prison rather than a county jail.
Misdemeanor vs felony at a glance
| Misdemeanor | Felony | |
|---|---|---|
| Maximum incarceration | Up to 1 year | More than 1 year |
| Where time is served | Local or county jail | State or federal prison |
| Court process | Often faster, fewer hearings | Preliminary hearing or grand jury in many states |
| Right to appointed lawyer | Yes, if jail is possible | Yes |
| Long-term consequences | Usually limited | Can be severe and lasting |
What are “wobblers”?
Some offenses can be charged as either a misdemeanor or a felony. California calls these wobblers; other states have similar categories. Prosecutors decide based on the facts and the person’s record, and in some cases a judge can reduce a felony to a misdemeanor at sentencing or after probation. The same act, such as theft, can also move from misdemeanor to felony once the value involved passes a state’s threshold.
Why the label matters after the case
A felony conviction often brings “collateral consequences” that last beyond the sentence:
- Firearms: federal law generally bars people convicted of a crime punishable by more than a year from possessing guns. Certain domestic violence misdemeanors also trigger a federal ban.
- Voting: rules vary widely by state, from no restriction to loss of voting rights until a sentence or parole is completed.
- Jobs and licenses: background checks and professional licensing boards may treat felonies as disqualifying.
- Housing and education: landlords and some aid programs consider criminal records.
- Immigration: for non-citizens, even some misdemeanors can lead to removal, so immigration advice is essential before any plea.
Can a conviction be removed from your record?
Many states allow eligible misdemeanors, and some felonies, to be expunged or sealed after a waiting period without new offenses. Others offer certificates of rehabilitation or automatic “clean slate” sealing for older records. Eligibility depends entirely on state law and the specific offense.
What happens after an arrest?
For both types of charge, the first court appearance is usually an arraignment, where the charges are read, a plea is entered and bail or release conditions are set. Felony cases then often go through a preliminary hearing or grand jury before trial. Anyone charged with a crime has the right to remain silent and the right to a lawyer, and courts appoint a public defender when a defendant cannot afford one and jail is possible.
Frequently asked questions
Is a DUI a felony or a misdemeanor?
A first DUI without injuries is a misdemeanor in most states. Repeat offenses within a set period, or a DUI causing serious injury or death, are often felonies.
Do misdemeanors show up on background checks?
Yes, most criminal background checks show misdemeanor convictions unless the record has been sealed or expunged.
Can a felony be reduced to a misdemeanor?
In some states and for some offenses, yes, through plea negotiations, a judge’s reduction at sentencing, or a later petition after completing probation.
Criminal law differs significantly from state to state. If you or someone close to you is facing charges, speak with a criminal defense attorney or the public defender’s office right away.