Felony Classes and Degrees Explained

The class or degree of a felony determines more than just your potential prison sentence. It affects plea bargain negotiations (prosecutors may offer to reduce from a higher class to a lower one), probation and parole eligibility (lower-class felonies are more likely to result in probation rather than prison), sentencing enhancements for repeat offenders, how long before you are eligible for expungement or record sealing, and the severity of collateral consequences.

For example, a person convicted of a Class E or fifth-degree felony may serve little or no prison time and may be eligible for expungement relatively quickly. A Class A or first-degree felony conviction, on the other hand, can mean decades in prison and a permanent record that is nearly impossible to clear.

The federal government and each of the 50 states have their own classification systems. The federal system (18 U.S.C. Section 3559) uses five letter classes from A (most serious) to E (least serious). States use a variety of approaches.

Letter classes (A, B, C, D, E): Used by states like New York, Wisconsin, Illinois, and Oregon. Class A is the most serious.

Numbered degrees (1st, 2nd, 3rd, etc.): Used by states like Texas, Florida, Ohio, and Pennsylvania. First degree is the most serious.

Numbered classes (Class 1 through Class 6): Used by Arizona, Virginia, and a few others. Class 1 is the most serious.

Unique systems: Some states have additional categories. Texas has "state jail felonies" below third-degree felonies. Florida has "life felonies" between capital felonies and first-degree felonies. Several states have "unclassified" felonies where the penalty is set by the specific statute rather than a classification grid.

Regardless of the naming system, the principle is the same: the higher the class or degree (A/1st), the more severe the crime and the harsher the potential punishment.

Felony sentencing ranges provide a minimum and maximum prison term for each class. Judges sentence within these ranges based on factors like the specific offense, the defendant's criminal history, aggravating or mitigating circumstances, and sentencing guidelines.

Presumptive sentencing: Some states (like Arizona) use a "presumptive" sentence — the standard sentence for a typical case. The judge can go above (aggravated) or below (mitigated) the presumptive sentence based on the circumstances.

Mandatory minimums: For some felony classes and specific offenses, there are mandatory minimum sentences that the judge cannot go below, regardless of the circumstances. These are common for drug offenses, firearm offenses, and violent crimes.

Sentencing guidelines: Both the federal system and many states use sentencing guidelines — grids that take into account the offense severity and the defendant's criminal history to produce a recommended sentencing range. Federal judges must consider the U.S. Sentencing Guidelines, though they are advisory rather than mandatory after the 2005 Booker decision.

Good time credit: In most systems, prisoners can earn credit that reduces their sentence through good behavior. This typically ranges from 15% to 50% off the sentence, depending on the jurisdiction and the offense.

If this is your first felony, your situation is likely better than you think. First-time offenders generally face the lowest end of the sentencing range for their felony class. Many states have first-offender programs, diversion programs, or deferred adjudication options that can result in no prison time and, in some cases, no permanent conviction on your record.

For lower-level felonies (Class D/E or 4th/5th degree), first-time offenders frequently receive probation rather than prison. Even for mid-level felonies, first-time offenders may receive significantly shorter sentences than repeat offenders.

Some options for first-time felony offenders include: probation with conditions (community service, drug testing, counseling), deferred adjudication or deferred sentencing (complete conditions and the charge may be dismissed), drug court or specialty court programs, weekend or work-release sentencing, and pretrial diversion programs.

That said, even first-time offenders face the full collateral consequences of a felony conviction — loss of gun rights, potential loss of voting rights, and a permanent record — unless the charge is dismissed through a diversion program or later expunged. It is critical to work with a criminal defense attorney to explore all available options.

Not all felonies fit neatly into the classification grid. Some states have categories that fall outside the standard system.

Unclassified felonies: In many states, certain felony offenses are defined in individual statutes that specify the penalty directly rather than assigning a class or degree. For example, a statute might simply say the offense is punishable by "2 to 15 years in prison" without labeling it as a second-degree or Class C felony.

State jail felonies (Texas): Texas has a unique category below third-degree felonies called "state jail felonies," punishable by 180 days to 2 years in a state jail facility (not the regular prison system) and a fine up to $10,000. Common state jail felonies include theft of property worth $2,500 to $30,000, credit card abuse, certain drug possession charges, and DWI with a child passenger.

Capital felonies: The most serious category in both the federal system and many states. Capital felonies are punishable by death or life imprisonment without parole. They are typically reserved for first-degree murder with aggravating factors, though a few states have additional capital offenses like treason.

Life felonies (Florida): Florida has a category between capital felonies and first-degree felonies called "life felonies," punishable by life imprisonment. These include offenses like sexual battery on a child under 12 and trafficking in large quantities of drugs.

The class or degree of your felony can significantly affect whether and when you can get it removed from your record. In general, lower-level felonies are more likely to be eligible for expungement, and the waiting period is typically shorter.

Many states exclude the most serious felonies (Class A, first-degree, or violent felonies) from expungement entirely. Murder, sex offenses against children, and other serious violent crimes are almost never eligible regardless of classification.

For lower-level felonies, waiting periods for expungement typically range from 3 to 10 years after completion of the sentence (including probation and parole). Some states, like California, allow felony wobbler offenses to be reduced to misdemeanors first and then expunged, which can make the process faster.

Automatic expungement or "clean slate" laws, now enacted in about a dozen states, often apply only to lower-level felonies and misdemeanors. If you have a felony conviction and want to explore expungement, visit our state-by-state expungement guide for specific information about your state.