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Is It a Felony? Common Crimes Classified

For each common crime, when it is a misdemeanor and when it crosses the line into a felony. The answer almost always depends on the circumstances.

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Quick Answer

Whether a crime is a felony or misdemeanor almost never has a simple yes-or-no answer. It depends on the severity of the offense, the amount of harm or financial loss, whether a weapon was involved, the defendant's criminal history, and the specific laws of the state where it happened.

The general rule: a crime becomes a felony when the harm is more serious (injury vs. no injury), the dollar amount is higher (above the state's felony threshold), a weapon is involved, the victim is vulnerable (child, elderly, disabled), or the defendant has prior convictions for the same offense. Below, we break down 12 common crimes and explain exactly when each one crosses the line from misdemeanor to felony.

Crime-by-Crime Breakdown

DUI / DWI

Typically: Misdemeanor
Becomes a felony when: Multiple prior DUI convictions (usually 3rd or 4th offense), causing serious bodily injury or death, extremely high BAC (some states), driving with a child in the vehicle, or DUI while on a suspended license for a prior DUI.
Penalties: Misdemeanor: up to 1 year jail, $1,000-$10,000 fine, license suspension. Felony: 1-15+ years in prison, up to $25,000 fine, long-term or permanent license revocation.
Note: Most first and second DUI offenses are misdemeanors. About 10 states treat any 3rd DUI as a felony; others require 4 or more priors. In every state, a DUI that kills someone is a felony. Some states (like Virginia) also have felony DUI laws for BAC above 0.15%.

Domestic violence

Typically: Misdemeanor
Becomes a felony when: Serious bodily injury, use of a weapon, strangulation or choking, victim is pregnant, prior domestic violence convictions, violation of a protective order, or presence of children during the assault.
Penalties: Misdemeanor: up to 1 year in jail, fines, mandatory counseling, protective order. Felony: 1-25 years in prison depending on severity, with no contact orders, firearm ban, and mandatory treatment.
Note: Even a misdemeanor DV conviction triggers a federal firearms ban under the Lautenberg Amendment — this is one of the few misdemeanors that results in loss of gun rights. In California, domestic violence (Penal Code 273.5) is a wobbler. Many states enhance to felony on a 2nd or 3rd conviction.

Hit and run

Typically: Misdemeanor (property damage only)
Becomes a felony when: Leaving the scene when someone is injured or killed. Some states also treat hit and run involving significant property damage as a felony.
Penalties: Misdemeanor: up to 1 year jail, fines, license suspension, points. Felony: 1-15 years in prison (more if death occurred), heavy fines, license revocation.
Note: The critical dividing line is injury. If the accident caused only property damage, leaving the scene is typically a misdemeanor. If anyone was injured — even minor injury in some states — it becomes a felony. In Texas, a fatal hit and run is a second-degree felony (2-20 years). You are legally required to stop, exchange information, and render aid in all states.

Assault

Typically: Misdemeanor (simple assault)
Becomes a felony when: Causing serious bodily injury, using a deadly weapon (aggravated assault), assaulting a police officer or protected person, assault with intent to commit another felony, or assaulting a vulnerable victim (child, elderly, disabled).
Penalties: Misdemeanor simple assault: up to 1 year jail, fines. Felony aggravated assault: 2-20 years in prison depending on the state and circumstances.
Note: Simple assault (threatening or causing minor injury) is a misdemeanor in virtually every state. Aggravated assault — involving serious injury or a weapon — is a felony. In many states, assault with a deadly weapon is a wobbler that can be charged either way. Assaulting certain people (police officers, firefighters, healthcare workers) is often automatically a felony regardless of injury level.

Theft / shoplifting

Typically: Misdemeanor (petty theft below state threshold)
Becomes a felony when: Theft of property worth more than the state's felony threshold (typically $500-$2,500), theft using force or threat (robbery), prior theft convictions, or theft of specific items (firearms, vehicles, controlled substances).
Penalties: Misdemeanor petty theft: up to 1 year jail, fines, restitution. Felony grand theft: 1-10+ years in prison, higher fines, restitution.
Note: Felony theft thresholds vary significantly by state: Texas is $2,500, California is $950, Florida is $750, New York is $1,000, Ohio is $1,000, and Wisconsin is $2,500. Even below the threshold, shoplifting can become a felony if you have multiple prior convictions. Organized retail theft (stealing as part of a group or for resale) is a felony in most states regardless of the dollar amount.

Drug possession

Typically: Varies widely by state and substance
Becomes a felony when: Possessing more than a personal-use amount, possessing Schedule I/II controlled substances (heroin, cocaine, meth, fentanyl), possessing with intent to distribute, or prior drug convictions.
Penalties: Misdemeanor possession: fines, probation, drug treatment, up to 1 year jail. Felony possession: 1-15+ years in prison, heavy fines, potential mandatory minimums.
Note: Drug classification has shifted dramatically in recent years. Many states have decriminalized or reduced penalties for marijuana possession. Oregon decriminalized personal-use amounts of all drugs in 2020 (partially reversed in 2024). However, possession of hard drugs (heroin, meth, fentanyl, cocaine) remains a felony in most states. Possession with intent to sell is always a felony. Many states now offer drug court diversion programs for first-time offenders.

Embezzlement

Typically: Depends on amount
Becomes a felony when: Embezzling more than the state's felony threshold (often $1,000-$2,500). At the federal level, embezzlement of $1,000 or more is a felony. Embezzling from a government entity, bank, or fiduciary position often carries enhanced penalties.
Penalties: Misdemeanor: up to 1 year jail, fines, restitution. Felony: 1-20 years in prison (federal: up to 10 years), significant fines, full restitution required.
Note: Embezzlement is treated as a form of theft in most states, so the felony thresholds are the same as for theft. However, because embezzlement typically involves a position of trust, prosecutors and judges often treat it more seriously. Federal embezzlement (from a bank, government, or organization receiving federal funds) is governed by specific federal statutes with penalties up to 10-30 years.

Fraud

Typically: Depends on amount and type
Becomes a felony when: Fraud involving more than the state's felony threshold, wire fraud or mail fraud (federal felonies), insurance fraud, bank fraud, securities fraud, healthcare fraud, or fraud targeting elderly or vulnerable victims.
Penalties: Misdemeanor: up to 1 year jail, fines, restitution. Felony: 1-30 years in prison (federal wire/mail fraud: up to 20 years, bank fraud: up to 30 years), massive fines, restitution.
Note: Fraud covers a wide range of offenses. Simple fraud (writing a bad check, minor insurance claims) may be a misdemeanor. Complex schemes, large dollar amounts, or use of federal communications (wire/mail fraud) are almost always felonies. Federal fraud charges carry some of the harshest sentences in white-collar crime. Identity theft used in furtherance of fraud adds additional felony charges.

Identity theft

Typically: Felony in most states
Becomes a felony when: Identity theft is a felony in virtually all states, regardless of the amount. Federal aggravated identity theft (using stolen identity to commit another felony) adds a mandatory 2-year consecutive sentence.
Penalties: State felony: 1-15 years in prison depending on the state and number of victims. Federal: up to 15 years (basic), up to 20 years (in connection with drug trafficking or violence), plus mandatory 2 years for aggravated identity theft.
Note: Identity theft is one of the few crimes that is almost always a felony, even for small amounts. The federal Identity Theft and Assumption Deterrence Act (18 U.S.C. 1028) makes it a federal crime. Many states also have their own identity theft statutes. The number of victims, the total financial loss, and whether the identity was used to commit additional crimes all affect sentencing.

Trespassing

Typically: Misdemeanor or infraction
Becomes a felony when: Trespassing in certain protected locations (critical infrastructure, schools during lockdown), trespassing with intent to commit a crime (which may be charged as burglary), trespassing while armed, or trespassing in violation of a restraining order.
Penalties: Misdemeanor: up to 1 year jail, fines. Felony: 1-10 years in prison depending on circumstances.
Note: Simple trespassing (entering someone's property without permission) is a misdemeanor or even just an infraction in most states. It becomes much more serious if combined with other criminal intent. Entering a building with intent to commit theft or another crime is typically charged as burglary, not trespassing — and burglary is almost always a felony. Trespassing on critical infrastructure (power plants, water treatment facilities) is a felony in many states.

Stalking

Typically: Misdemeanor (first offense in some states) or felony
Becomes a felony when: Violating a restraining order while stalking, stalking with threats of violence, stalking while armed, repeat stalking convictions, stalking a minor, or cyberstalking in some states.
Penalties: Misdemeanor: up to 1 year jail, restraining order, mandatory counseling. Felony: 1-10 years in prison, extended protective orders.
Note: Stalking laws vary widely by state. In some states (like California), stalking is a wobbler. In others, any stalking charge is a felony. Aggravated stalking — stalking in violation of a protective order or with threats of death or serious harm — is a felony in all states. Cyberstalking (online harassment and threats) is an increasingly prosecuted offense and is a felony in most states.

Vandalism / criminal mischief

Typically: Misdemeanor
Becomes a felony when: Causing damage above the state's felony threshold (usually $1,000-$2,500), damaging critical infrastructure, arson-related damage, damaging religious institutions or cemeteries (hate crime enhancement), or repeat vandalism convictions.
Penalties: Misdemeanor: up to 1 year jail, fines, restitution. Felony: 1-7 years in prison, heavy fines, full restitution.
Note: Like theft, vandalism becomes a felony based primarily on the dollar amount of damage. Graffiti on a fence might be a misdemeanor; destroying a vehicle or breaking windows worth thousands of dollars can be a felony. Any vandalism involving fire is likely to be charged as arson, which is always a felony. Vandalism motivated by bias (race, religion, gender) may trigger hate crime enhancements that increase the charge level.

The General Rule: When a Crime Becomes a Felony

Across all types of crime, the same factors tend to push an offense from misdemeanor to felony territory. Understanding these factors can help you understand the charges you or someone you know may be facing.

Severity of harm: The more serious the injury or damage, the more likely the charge is a felony. A shove (simple assault, misdemeanor) vs. a broken jaw (aggravated assault, felony).

Dollar amount: For property crimes (theft, vandalism, fraud, embezzlement), states set a dollar threshold. Below it is a misdemeanor; above it is a felony. These thresholds range from $500 to $2,500 depending on the state.

Weapons: Using or possessing a weapon during the commission of any crime almost always elevates it to a felony, and often triggers additional weapon enhancement charges.

Prior convictions: Repeat offenders face harsher classifications. A first DUI may be a misdemeanor, but a third or fourth DUI is typically a felony. The same pattern applies to domestic violence, theft, and many other offenses.

Victim characteristics: Crimes against children, elderly persons, disabled persons, or law enforcement officers are often automatically elevated to felony level.

Intent: Crimes committed with premeditation or specific intent (intent to kill, intent to distribute drugs) are classified more seriously than crimes committed recklessly or in the heat of the moment.

Felony Theft Thresholds by State

The dollar amount that turns a theft from a misdemeanor (petty theft) into a felony (grand theft) varies significantly by state. Here are examples for commonly referenced states:

Texas: $2,500 (theft below this is a Class A or B misdemeanor) California: $950 (Prop 47 set this threshold in 2014) Florida: $750 New York: $1,000 (grand larceny in the 4th degree) Ohio: $1,000 Pennsylvania: $2,000 (increased from $200 in 2019) Illinois: $500 Georgia: $1,500 Virginia: $1,000 Arizona: $1,000 Wisconsin: $2,500 (highest in the nation) Alabama: $1,500

These thresholds apply to general theft. For specific types of theft — like motor vehicle theft, theft of firearms, or theft from a person — the offense may be a felony regardless of the dollar amount. Many states have been increasing their felony thresholds in recent years to account for inflation and to reduce prison populations for low-level offenses.

"Wobbler" Crimes: Could Go Either Way

Many of the crimes listed above are "wobblers" — offenses that prosecutors can charge as either a felony or a misdemeanor depending on the circumstances. The most common wobbler offenses include:

Domestic violence/battery: Often a wobbler based on severity of injury.

Assault with a deadly weapon: Wobbler in states like California, depending on the weapon and circumstances.

DUI with injury: Usually a wobbler depending on the severity of injuries.

Burglary: In some states, second-degree burglary (non-residential) is a wobbler.

Vandalism: Wobbler based on the amount of damage.

Stalking: Wobbler in several states.

Forgery: Often a wobbler depending on the amount and type of document.

If you are charged with a wobbler offense, this is where having a good defense attorney matters most. An attorney may be able to negotiate the charge down to the misdemeanor version, which carries dramatically less severe consequences — especially in terms of your long-term record, employment prospects, and civil rights.

What to Do If You Are Charged

If you or someone you know is facing criminal charges, here are some practical steps:

Find out exactly what you are charged with. Ask for the specific statute number and the classification (felony class/degree or misdemeanor class). This information is on the charging document or criminal complaint.

Get a lawyer. If you cannot afford one, you have a constitutional right to a public defender for any charge that could result in jail time. Request one at your first court appearance (arraignment).

Do not discuss the case with anyone except your attorney. Anything you say can be used against you — this includes conversations with friends, family, cellmates, and especially police or investigators.

Show up to every court date. Failing to appear will result in a bench warrant and likely additional charges, and it will make your situation significantly worse.

Ask about diversion programs. Many jurisdictions have pretrial diversion, drug court, mental health court, or first-offender programs that can result in charges being dismissed or reduced.

If convicted, explore expungement options. Even felony convictions can be expunged in many states after a waiting period. Visit our expungement guide for state-specific information.

Frequently Asked Questions

Is a DUI a felony?
A first or second DUI is usually a misdemeanor. A DUI becomes a felony in most states on the 3rd or 4th offense, or if it involves serious bodily injury, death, a minor in the vehicle, or an extremely high blood alcohol level. In every state, a DUI that results in someone's death is a felony.
Is domestic violence a felony?
Domestic violence can be either a misdemeanor or a felony. It is more likely to be charged as a felony when there is serious bodily injury, a weapon is used, the victim is strangled or choked, the defendant has prior DV convictions, or a protective order was violated. Even a misdemeanor DV conviction triggers a federal firearms ban.
Is a hit and run a felony?
A hit and run is a felony if anyone was injured or killed. If the accident involved only property damage, leaving the scene is typically a misdemeanor. The key factor is whether a person was hurt. In all states, drivers are legally required to stop, exchange information, and render aid after any accident involving injury.
Is assault a felony?
Simple assault (minor injury or threats) is a misdemeanor. Aggravated assault — involving serious bodily injury, a deadly weapon, or a vulnerable victim — is a felony. Assaulting a police officer, firefighter, or other protected person is often automatically a felony regardless of the level of injury.
Is shoplifting a felony?
Shoplifting is a misdemeanor if the value of stolen items is below the state's felony threshold (typically $500-$2,500 depending on the state). Above the threshold, it becomes felony grand theft. Shoplifting can also become a felony with multiple prior theft convictions, organized retail theft, or theft of certain items like firearms.
Is drug possession a felony?
It depends on the drug and the amount. Small amounts of marijuana are a misdemeanor or even decriminalized in many states. Possession of harder drugs (heroin, meth, cocaine, fentanyl) is a felony in most states. Possessing any drug in amounts that suggest intent to sell is a felony. Many states offer drug court diversion for first-time offenders.
Is embezzlement a felony?
Embezzlement becomes a felony when the amount exceeds the state's felony theft threshold (usually $1,000-$2,500). At the federal level, embezzling $1,000 or more is a felony. Because embezzlement involves a breach of trust, prosecutors often pursue it aggressively even when the dollar amount is relatively small.
Is identity theft a felony?
Yes, identity theft is a felony in virtually all states and under federal law, even for small amounts. It is one of the few crimes that is almost always a felony regardless of the dollar amount involved. Federal identity theft charges carry up to 15 years in prison, with additional mandatory time for aggravated identity theft.
Is trespassing a felony?
Simple trespassing is usually a misdemeanor or infraction. It becomes a felony when combined with criminal intent (entering a building to steal is burglary), when the trespasser is armed, when it involves critical infrastructure, or when it violates a restraining order. Burglary — entering a building with intent to commit a crime — is almost always a felony.
Is fraud a felony?
Fraud is a felony when the amount exceeds the state's felony threshold or when it involves federal crimes like wire fraud, mail fraud, bank fraud, or securities fraud. Federal wire and mail fraud carry up to 20 years; bank fraud carries up to 30 years. Simple fraud (bad checks, minor insurance claims) below the threshold may be a misdemeanor.
Does it matter what state I am in?
Yes, enormously. Criminal classifications, felony thresholds, sentencing ranges, and available defenses all vary by state. A crime that is a misdemeanor in one state could be a felony in another. For example, marijuana possession is legal in some states, decriminalized in others, a misdemeanor in some, and a felony in others. Always check the laws of the specific state where the offense occurred.

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Disclaimer: This is general legal information only, not legal advice. Laws vary by state and jurisdiction. Criminal classifications, penalties, and procedures differ depending on where the offense occurred and the specific facts of the case. For advice about your specific situation, consult a licensed criminal defense attorney. If you cannot afford an attorney, you may be entitled to a public defender — ask at your first court appearance. For free legal help, contact a legal aid organization near you.

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