Felony vs. misdemeanor: what's the difference?

Under federal law, a felony is a crime punishable by more than one year in prison. Federal law then sorts felonies into five classes, A through E, by the longest sentence the law allows.^1,2

One federal definition says the term "felony" means "an offense punishable by a maximum term of imprisonment of more than one year." That definition is in 18 U.S.C. 3156(a)(3), which covers the federal rules on pretrial release. The sentencing law, 18 U.S.C. 3559(a), uses the same cutoff: its lowest felony class, Class E, covers offenses with a maximum term of more than one year but less than five years.

Federal felonies are graded by maximum prison term. Class A is life imprisonment (or death as the maximum penalty), Class B is 25 years or more, Class C is 10 to under 25 years, Class D is 5 to under 10 years, and Class E is more than one year to under five years.^2,3

The letter classes apply to a federal offense that its own statute has not already given a letter grade. The class is set by the longest term the law authorizes, not by the sentence a judge actually gives.

New York

In New York, a felony is an offense for which a sentence of more than one year in prison may be imposed.⁴

This is Penal Law 10.00(5). New York sorts felonies into classes A through E for sentencing; see the grading section below.

Georgia

Georgia defines a felony as a crime punishable by death, by life in prison, or by imprisonment for more than 12 months. Georgia's definitions section treats any other crime as a misdemeanor.⁵

Georgia also uses the term "misdemeanor of a high and aggravated nature." The same definitions section says that term, like "misdemeanor," means any crime other than a felony.

Illinois

Illinois defines a felony as an offense for which a sentence of one year or more in a penitentiary is provided.⁶

Illinois draws the line at "one year or more." Federal law and New York draw it at more than one year. The current wording took effect Jan. 1, 2024 (Public Act 103-51).

Texas

In Texas, a felony is an offense that the law designates a felony, or that is punishable by death or by confinement in a penitentiary.⁷

The Texas definition turns on the kind of place a sentence is served, not on a number of years. The same section defines a misdemeanor as an offense designated a misdemeanor, or punishable by a fine, confinement in jail, or both.

California

In California, a felony is a crime punishable by death, by imprisonment in state prison, or by imprisonment in a county jail under Penal Code section 1170(h). Every other crime is a misdemeanor, unless it is classified as an infraction.⁸

California's definition shows that "felony" does not always mean state prison. Some felonies carry county jail time under section 1170(h).

Under federal law, a misdemeanor is an offense with a maximum prison term of one year or less but more than five days. Federal misdemeanors fall into three classes: Class A is one year or less but more than six months, Class B is six months or less but more than 30 days, and Class C is 30 days or less but more than five days.^2,9

Federal Rule of Criminal Procedure 7(a)(2) uses the same line: an offense punishable by imprisonment for one year or less may be prosecuted without an indictment. An offense with a maximum of five days or less, or with no prison term at all, is an infraction under 18 U.S.C. 3559(a).

New York

In New York, a misdemeanor is an offense that can carry a jail sentence of more than 15 days but not more than one year. New York's courts say the most serious misdemeanors, Class A, carry up to one year in jail, and Class B misdemeanors carry up to three months.^4,10

The 15-day and one-year limits are in Penal Law 10.00(4). The Class A and Class B maximums come from the New York court system's guide to types of criminal cases. New York also has "unclassified" misdemeanors, which are set outside the class system.

Texas

In Texas, a misdemeanor is an offense that the law designates a misdemeanor, or that is punishable by a fine, by confinement in jail, or by both. Texas groups misdemeanors into Class A, Class B and Class C.^7,11

The three misdemeanor categories are set out in Penal Code 12.03(a), and the grouping is based on how serious the offense is.

Federal law calls a Class B misdemeanor, a Class C misdemeanor or an infraction a "petty offense," as long as the maximum fine is no greater than the amount set in 18 U.S.C. 3571(b)(6) or (7).¹²

A petty offense is the bottom tier of federal crimes. Class A misdemeanors are not petty offenses under this definition.

Under federal law and in New York, for example, the label depends on the longest sentence the law allows for the offense, not on the sentence a person actually receives.^4,9,13

Federal Rule 7 asks what an offense is "punishable" by, New York's definition asks what sentence "may be imposed," and the federal gun law asks whether the crime is "punishable by imprisonment for a term exceeding one year." California is one exception. For crimes that can go either way, a judgment that imposes something other than state prison can make the offense a misdemeanor for all purposes (Penal Code 17(b)).

Some states tie the felony label to where a sentence is served. Texas defines a felony by confinement in a penitentiary and a misdemeanor by confinement in jail. California defines a felony as a crime punishable by state prison, or by county jail under Penal Code 1170(h).^7,8

So the usual rule of thumb, that felonies mean prison and misdemeanors mean jail, is not true everywhere. In California, some felony sentences are served in county jail.

In federal court, a felony must be charged by a grand jury indictment unless the defendant gives it up. The Fifth Amendment says no one can be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, with exceptions for military cases.^9,14

Federal Rule of Criminal Procedure 7(a)(1) requires an indictment for any offense punishable by death or by imprisonment for more than one year. Rule 7(b) lets a defendant waive indictment in open court, after being told the charge and their rights, so the case can go forward on a prosecutor's filing called an information. A federal offense punishable by one year or less may be prosecuted without an indictment.

The phrase "convicted felon"

"Convicted felon" is a common search phrase, not a single legal category. In plain words, it refers to a person with a conviction for a crime that the law treats as a felony, and what counts depends on the law being applied.^13,15

The federal gun law, for example, does not use the word felony. It covers a person "convicted in any court of, a crime punishable by imprisonment for a term exceeding one year." That federal definition leaves out certain antitrust and business-regulation offenses and any state offense that the state classifies as a misdemeanor and punishes with two years or less. Whether someone is "convicted" is decided under the law of the place where the case was heard.

New York

In New York, a violation is an offense, other than a traffic infraction, for which a jail sentence of more than 15 days cannot be imposed.^4,10

New York's courts describe violations as non-criminal offenses with a maximum penalty of 15 days in jail, a $250 fine, or both. Penal Law 10.00(3) holds the definition.

California

In California, an infraction is not punishable by imprisonment. A person charged with an infraction is not entitled to a jury trial.^8,16

Penal Code 19.6 also says a person charged with an infraction is not entitled to a public defender at public expense unless arrested and not released on a written promise to appear, their own recognizance or a bail deposit. Penal Code 17(a) separates infractions from misdemeanors: every crime that is not a felony is a misdemeanor, except offenses classified as infractions.

California

A wobbler is a crime that can be treated as either a felony or a misdemeanor. In California, Penal Code 17(b) covers a crime that is punishable, at the court's discretion, either by state prison (or county jail under section 1170(h)) or by a fine or county jail.⁸

The statute does not use the word "wobbler" in the text we reviewed; it is the common name for these crimes. Under 17(b), such a crime counts as a misdemeanor for all purposes in the circumstances listed in the next fact.

California

Under California Penal Code 17(b), a wobbler becomes a misdemeanor for all purposes in five situations, such as when the court sentences to something other than prison, or when the prosecutor files it as a misdemeanor.⁸

The five situations are: after a judgment imposing punishment other than state prison or county jail under section 1170(h); when the court sends the person to a secure youth treatment facility and designates the offense a misdemeanor; when the court grants probation and declares the offense a misdemeanor, at that time or later on application of the defendant or probation officer; when the prosecutor files a complaint in a misdemeanor court calling it a misdemeanor, unless the defendant objects at arraignment or plea; and when the court decides before trial, on its own motion or a party's, that it is a misdemeanor.

Texas

Texas grades felonies into five categories: capital felonies, first-degree, second-degree and third-degree felonies, and state jail felonies. It grades misdemeanors into three: Class A, Class B and Class C.¹¹

These categories are in Penal Code 12.04(a) for felonies and 12.03(a) for misdemeanors. The Code says they are based on the relative seriousness of the offense.

New York

New York grades felonies into classes A through E, with Class A split into A-I and A-II, and grades misdemeanors as Class A, Class B or unclassified. Violations are a separate, lower tier.^10,17

The classes are listed in Penal Law 55.05. New York's courts list these maximum terms: life for Class A felonies (though not for certain drug felonies in Class A), 25 years for Class B, 15 years for Class C, seven years for Class D and four years for Class E. They list one year for Class A misdemeanors and three months for Class B misdemeanors.

Pennsylvania

Pennsylvania grades crimes as murder, felonies of the first, second and third degree, and misdemeanors of the first, second and third degree. Its misdemeanor line is not one year: a first-degree misdemeanor can carry a maximum of up to five years, and a second-degree misdemeanor up to two years.¹⁸

Under 18 Pa.C.S. 106, a crime is a first-degree felony if so designated or if the maximum term is more than 10 years, a second-degree felony at not more than 10 years, and a third-degree felony at not more than seven years. A third-degree misdemeanor carries not more than one year. A summary offense, the lowest level, carries not more than 90 days.

Federal law makes it illegal for anyone who has been convicted in any court of a crime punishable by imprisonment for more than one year to ship, transport or possess a gun or ammunition.^13,15

The rule is in 18 U.S.C. 922(g)(1). A state offense that the state classifies as a misdemeanor and punishes with two years or less is not covered.

A person is not qualified for federal jury service if they have a pending charge for, or a conviction of, a crime punishable by imprisonment for more than one year and their civil rights have not been restored.¹⁹

This is 28 U.S.C. 1865(b)(5). It covers convictions in a state or federal court of record. It governs federal courts only, and states set their own jury rules.

Whether a felony conviction affects voting depends on the state. The National Conference of State Legislatures says Maine, Vermont and the District of Columbia never take away the right to vote, even in prison, while other states take it away during prison, until the sentence is finished, or longer.²⁰

NCSL groups states into four categories: rights never lost, lost only while incarcerated, lost until the sentence is complete (typically including parole and/or probation), and lost until the sentence is complete with extra conditions, such as indefinite loss for some crimes, a governor's pardon, or a waiting period. NCSL also notes that automatic restoration does not mean voter registration is automatic, and the person is responsible for re-registering. See our state voting pages for the current rule where you live.

California

In California, a court can reduce a wobbler felony to a misdemeanor. Under Penal Code 17(b)(3), when the court grants probation, it can declare the offense a misdemeanor at that time or later, on application of the defendant or the probation officer.⁸

Once reduced under 17(b), the offense is a misdemeanor "for all purposes." The current section, as amended effective Jan. 1, 2026, also says an unfulfilled restitution order or restitution fine "shall not be grounds for denial of a request or application for reduction."

Texas

In Texas, a court may punish a person convicted of a state jail felony with the confinement allowed for a Class A misdemeanor, if it finds that this would best serve the ends of justice.¹¹

Penal Code 12.44(a) requires the court to first consider the seriousness and circumstances of the felony and the person's background, character and need for rehabilitation.

Indiana

In Indiana, a court may enter judgment on a Level 6 felony with an express provision that it will be converted to a Class A misdemeanor if the person meets conditions the court sets. This is allowed only if the person pleads guilty to a qualifying Level 6 felony, the prosecutor consents and the person agrees to the conditions.²¹

Under IC 35-38-1-1.5(d), the court must enter judgment of conviction as a Class A misdemeanor if the person fulfills those conditions. The court may not convert the conviction if the person commits a new offense before the conditions expire, and it is not required to convert it if the person violates a condition or the period ends before the conditions are completed.

For the federal gun ban, a conviction that has been expunged, set aside, or pardoned, or for which civil rights have been restored, is not counted, unless the pardon, expungement or restoration expressly says the person may not have firearms.¹⁵

This is part of 18 U.S.C. 921(a)(20). Whether a conviction can be cleared, and how, differs by state. Our state pages explain the options in each state.