What Is the Difference Between a Felony and a Misdemeanor?

The distinction between a felony and a misdemeanor is one of the most fundamental in criminal law. The difference affects the severity of the potential sentence, the court in which the case is heard, the long-term consequences for your record, and the constitutional rights that attach to the prosecution.

The Core Distinction

A misdemeanor is a less serious criminal offense, generally punishable by up to one year in jail — served in a local or county jail, not a state prison. A felony is a more serious offense, generally punishable by more than one year of incarceration in a state or federal prison.

This is a broad generalization — the specific definitions and penalties vary significantly by state and offense.

Common Misdemeanors

Simple assault without serious bodily injury, petty theft or shoplifting below a certain dollar threshold, first-offense DUI in many states, trespassing, vandalism below a certain dollar amount, disorderly conduct, possession of small amounts of marijuana in states where it is not fully legalized, and traffic offenses classified as misdemeanors.

Common Felonies

Murder and manslaughter, rape and sexual assault, armed robbery, burglary, felony assault involving serious injury or a weapon, grand theft and fraud above certain dollar thresholds, drug trafficking and distribution, white collar offenses including wire fraud, securities fraud, and money laundering.

The Wobbler

Many states have crimes called wobblers — offenses that can be charged as either a felony or a misdemeanor depending on the facts, the defendant's criminal history, and prosecutorial discretion. Wobbler offenses give defense attorneys an opportunity to negotiate for misdemeanor charges even when the offense could have been charged as a felony.

Long-Term Consequences of a Felony Conviction

The consequences of a felony conviction extend far beyond the prison sentence and can affect your life permanently.

Loss of voting rights — felony convictions result in loss of voting rights in most states, though restoration rules vary significantly.

Loss of firearm rights — federal law prohibits convicted felons from possessing firearms.

Employment restrictions — many employers conduct background checks and decline to hire applicants with felony convictions. Certain professional licenses — including law, medicine, nursing, and financial services — may be unavailable to those with felony records.

Immigration consequences — non-citizens convicted of felonies may face deportation, inadmissibility, or denial of naturalization.

Housing restrictions — many landlords and public housing authorities refuse to rent to individuals with felony convictions.