Charges and sentences
Felony and misdemeanor classes in Vermont
Vermont does not grade crimes into classes or degrees. It has only two categories, felonies and misdemeanors, and the line between them depends on the maximum prison term each offense carries. Penalties are set offense by offense.1
Checked October 29, 2026 against Vermont's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Vermont, an offense is a felony if its maximum prison term is more than two years, if it can be punished by life in prison, or if it can be punished by death. Any other offense is a misdemeanor.1
- Felony theft starts at
- More than $900How theft is graded
- When a DUI is a felony
- A third offense carries up to 5 years in prison, which makes it a felony. A fourth or later offense carries up to 10 years. A first or second offense carries up to 2 years, so it is a misdemeanor.2
Felony categories in Vermont
| Class | Prison | The law |
|---|---|---|
| Felony | Set by each offense: any maximum over 2 years, up to lifeVermont has no felony classes or degrees. The definition also counts any offense punishable by death as a felony. It sets no sentence range or fine of its own. | 13 V.S.A. § 11 |
Misdemeanor classes in Vermont
| Class | Jail | The law |
|---|---|---|
| Misdemeanor | A maximum of 2 years or less, set by each offenseVermont has no misdemeanor classes. The general definition sets no sentence range or fine of its own. | 13 V.S.A. § 11 |
Good to know
Because the felony line is a two year maximum, the same type of offense can be a misdemeanor or a felony depending on the penalty written into its own statute. For example, a first or second DUI carries up to 2 years, while a third DUI carries up to 5 years.2
Theft shows how penalties are set offense by offense. Petit larceny carries up to 1 year in prison and a fine of up to $1,000, while grand larceny carries up to 10 years and a fine of up to $5,000.3
When theft is a felony in Vermont
In Vermont, stealing money or property worth more than $900 is grand larceny, punishable by up to 10 years in prison and a fine of up to $5,000, which makes it a felony. At $900 or less it is petit larceny, which carries up to 1 year and is a misdemeanor.4
13 V.S.A. §§ 2501, 2502 · Felony theft amounts in every state
DUI in Vermont
Vermont's statute is titled operating a vehicle under the influence of alcohol or other substance, usually shortened to DUI.
- Repeat offenses
- A third offense carries up to 5 years in prison, which makes it a felony. A fourth or later offense carries up to 10 years. A first or second offense carries up to 2 years, so it is a misdemeanor.
- Which past offenses count
- 20 years. A second offense counts an earlier conviction within the last 20 years. A third offense requires two earlier convictions, at least one within the last 20 years.
- Other felony versions
- If someone dies because of a DUI, the sentence is 1 to 15 years. If serious bodily injury results to a person other than the driver, the sentence is up to 15 years. Both penalties are above the two year line, so both are felonies.
23 V.S.A. §§ 1201, 1210; 13 V.S.A. § 12 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Vermont?
In Vermont, an offense is a felony if its maximum prison term is more than two years, if it can be punished by life in prison, or if it can be punished by death. Any other offense is a misdemeanor.
What is a felony in Vermont?
In Vermont, the prison range for a felony is set by each offense: any maximum over 2 years, up to life. Vermont has no felony classes or degrees. The definition also counts any offense punishable by death as a felony. It sets no sentence range or fine of its own.
What is a misdemeanor in Vermont?
In Vermont, the jail range for a misdemeanor is A maximum of 2 years or less, set by each offense. Vermont has no misdemeanor classes. The general definition sets no sentence range or fine of its own.
How much theft is a felony in Vermont?
In Vermont, stealing money or property worth more than $900 is grand larceny, punishable by up to 10 years in prison and a fine of up to $5,000, which makes it a felony. At $900 or less it is petit larceny, which carries up to 1 year and is a misdemeanor.
Is a DUI a felony in Vermont?
A third offense carries up to 5 years in prison, which makes it a felony. A fourth or later offense carries up to 10 years. A first or second offense carries up to 2 years, so it is a misdemeanor. If someone dies because of a DUI, the sentence is 1 to 15 years. If serious bodily injury results to a person other than the driver, the sentence is up to 15 years. Both penalties are above the two year line, so both are felonies.
These are the general ranges in Vermont's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Vermont" https://secondchanceindex.com/felony-classes/vermont, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- 13 V.S.A. § 1
- 23 V.S.A. §§ 1201, 1210; 13 V.S.A. § 1
- 13 V.S.A. §§ 2501, 2502
- 13 V.S.A. §§ 2501, 2502
- 23 V.S.A. § 1201 Operating vehicle under the influence of alcohol or other substance; criminal refusal; enhanced penalty for BAC of 0.16 or moreVermont General Assembly (Vermont Statutes Online)
- H.606 (Act 134) An act relating to firearms relinquishment and storage proceduresVermont General Assembly
- Act 134 (2026) As EnactedVermont General Assembly