Felony vs Misdemeanor: What's the Difference?

A felony is the most serious category of crime in the American legal system. Under federal law (18 U.S.C. Section 3559), any offense punishable by more than one year of imprisonment is classified as a felony. States follow similar definitions, though the specific penalties and classifications vary.

Felonies are divided into classes or degrees based on severity. At the federal level, felonies range from Class E (1-5 years) to Class A (life imprisonment or death). States use their own systems — some use letter classes (A through E), others use numbered degrees (1st through 5th), and some use both.

Examples of felonies include murder, manslaughter, rape, robbery, burglary, arson, kidnapping, aggravated assault, large-scale drug trafficking, grand theft (above the state's felony threshold), embezzlement of large amounts, and many white-collar crimes like securities fraud.

A felony conviction creates a permanent criminal record that can follow you for life unless you are able to get it expunged or sealed. The collateral consequences go far beyond prison time — they affect your ability to vote, own firearms, find employment, secure housing, obtain professional licenses, travel internationally, serve on a jury, and receive certain government benefits.

A misdemeanor is a criminal offense less serious than a felony but more serious than an infraction (like a traffic ticket). Misdemeanors are generally punishable by up to one year in a county or local jail — not state prison.

Like felonies, misdemeanors are often divided into classes. Many states use Class A, B, and C (or Class 1, 2, and 3), with Class A being the most serious. In Texas, for example, a Class A misdemeanor carries up to one year in jail and a $4,000 fine, a Class B carries up to 180 days and a $2,000 fine, and a Class C carries only a fine of up to $500 with no jail time.

Common misdemeanors include simple assault (without serious injury), petty theft or shoplifting (below the felony threshold), disorderly conduct, trespassing, vandalism, public intoxication, minor drug possession (in some states), reckless driving, and first-offense DUI (in most states).

While misdemeanors are less severe than felonies, they still result in a criminal record. A misdemeanor conviction can show up on background checks and affect your employment, housing, and professional licensing opportunities. However, misdemeanors are generally easier to expunge and carry fewer collateral consequences than felonies.

A "wobbler" is a crime that can be charged as either a felony or a misdemeanor, at the discretion of the prosecutor and, sometimes, the judge. Wobbler offenses exist in many states — California, for example, has dozens of wobbler crimes.

The prosecutor decides how to charge a wobbler based on factors including the severity of the offense, the extent of injury or damage, the defendant's criminal history, and the circumstances surrounding the crime. For example, assault with a deadly weapon might be charged as a felony if serious injury occurred, but as a misdemeanor if the weapon was not actually used to cause harm.

Common wobbler offenses include domestic violence or spousal battery, assault with a deadly weapon, vandalism causing significant damage, burglary, certain drug offenses, sexual battery, elder abuse, DUI with injury, forgery, and grand theft. In some states, even after a felony conviction for a wobbler, a judge can reduce the charge to a misdemeanor at sentencing or later through a petition.

Wobblers are important because being charged with the misdemeanor version rather than the felony version can mean the difference between prison and probation, between losing your civil rights and keeping them, and between a record that haunts you for decades and one that is much easier to clear.

Yes, in several situations a misdemeanor-level offense can be elevated to a felony. The most common ways this happens are:

Repeat offenses: Many states have laws that escalate repeat misdemeanors to felonies. For example, a third DUI offense is a felony in many states. A second or third domestic violence conviction may also be charged as a felony.

Aggravating factors: If a misdemeanor-level crime involves a weapon, serious bodily injury, or a vulnerable victim (such as a child or elderly person), the charge may be elevated to a felony.

Amount or value: Theft crimes are often divided by dollar amount. Shoplifting $200 worth of merchandise might be a misdemeanor, but shoplifting $1,000 or more could cross the felony threshold. These thresholds vary by state — from $500 in some states to $2,500 in others.

Violation of a protective order: Committing a misdemeanor while violating a restraining order or protective order can result in felony charges in many states.

Targeting certain victims: Assaulting a police officer, firefighter, or other protected person can elevate a simple assault misdemeanor to a felony.

One of the most significant differences between a felony and a misdemeanor is the civil rights you can lose after a felony conviction. These losses do not typically apply to misdemeanor convictions (with one major exception noted below).

Firearm rights: Under federal law (18 U.S.C. Section 922(g)), any person convicted of a felony is prohibited from possessing firearms or ammunition. This ban is permanent unless rights are specifically restored. The one exception: even a misdemeanor conviction for domestic violence triggers a federal firearms ban under the Lautenberg Amendment.

Voting rights: Most states suspend voting rights during incarceration for a felony. Some also suspend them during parole or probation. Only Maine, Vermont, and Washington D.C. allow people to vote while incarcerated. Most states restore voting rights automatically after completing the sentence; a few require a petition or governor's pardon.

Jury service: Federal law and most states disqualify people with felony convictions from serving on juries. Some states restore this right after the sentence is complete.

Professional licenses: Many licensed professions — including nursing, teaching, law, real estate, and accounting — can deny or revoke a license based on a felony conviction. The rules vary by state and profession.

Public office: Some states bar people with felony convictions from holding elected or appointed public office.

Government benefits: Certain felonies (especially drug felonies) can affect eligibility for public housing, SNAP (food stamps), TANF, and federal student financial aid — though many of these restrictions have been loosened in recent years.

Travel: Some countries, including Canada, Japan, and Australia, may deny entry to people with felony convictions. Misdemeanors generally do not trigger travel restrictions.

Below misdemeanors, there is a third category of offenses: infractions (also called violations or petty offenses). Infractions are the least serious type of offense and are typically not considered crimes at all. They are usually punishable only by a fine — there is no jail time.

Common infractions include minor traffic violations (speeding, running a stop sign), jaywalking, littering, noise violations, and minor building code violations. In most states, infractions do not result in a criminal record and do not require a jury trial.

Some offenses can exist at all three levels depending on severity. For example, speeding might be an infraction, reckless driving a misdemeanor, and vehicular manslaughter a felony — all involving the same basic act (driving) but at vastly different levels of recklessness and harm.

Both felonies and misdemeanors create a criminal record, but the impact differs significantly.

Background checks: Both types of convictions can appear on employment and housing background checks. However, many "ban the box" laws and fair-chance hiring policies focus primarily on felony convictions. Some states limit how far back employers can look — often 7 years for most offenses.

Expungement: Misdemeanors are generally easier to expunge (remove from your record) and have shorter waiting periods. Felony expungement is possible in many states but typically requires a longer waiting period, may exclude certain serious offenses, and can involve a more complex legal process.

Sentencing enhancements: A prior felony conviction can result in harsher sentences for future offenses under "habitual offender" or "three strikes" laws. Prior misdemeanors can also be used to enhance sentences, but the impact is usually less dramatic.

If you have a criminal record — whether felony or misdemeanor — check your state's expungement laws. Many people are eligible to have old convictions cleared but never apply. Visit our expungement guide to learn about the process in your state.