Charges and sentences
Is it a felony?
Most charges aren't simply one or the other. The same act can be a misdemeanor or a felony depending on the harm done, the amount involved, a weapon, or past convictions. Pick a charge to see where the line is, with examples from state law.
Checked October 30, 2026 against state and federal law, then by a second reader. General information, not legal advice.
Driving
Usually a misdemeanor
- Is writing a bad check a felony?Usually a misdemeanorWriting a bad check is usually a misdemeanor, especially for smaller amounts. Many states make it a felony at higher amounts, such as $1,000 or more in Virginia or over $2,000 in North Carolina, and some for repeat offenses.
- Is driving without a license a felony?Usually a misdemeanorDriving without a license is usually a misdemeanor or a lesser offense, and so is driving on a suspended or revoked license. It can become a felony in some states for repeat or habitual cases, or when a crash seriously hurts or kills someone.
- Is harassment a felony?Usually a misdemeanorHarassment is usually a misdemeanor, and in some states a lesser offense called a violation or summary offense. It can become a felony in some states for repeat offenses, a threat to kill, violating a protective order or targeting certain victims.
- Is reckless driving a felony?Usually a misdemeanorReckless driving is usually a misdemeanor, though a few states treat it as a lesser offense. It can become a felony in some states when it seriously injures or kills someone.
- Is resisting arrest a felony?Usually a misdemeanorResisting arrest without violence is usually a misdemeanor. Resisting with violence or a weapon, or in a way that injures an officer, can lead to a felony charge in many states, either under the resisting law or as assault on an officer.
- Is shoplifting a felony?Usually a misdemeanorShoplifting is usually a misdemeanor, or a lesser offense, for a first offense with low-value goods. It can become a felony once the value passes the state's felony line, after repeat convictions, or as part of organized retail theft.
- Is trespassing a felony?Usually a misdemeanorTrespassing is usually a misdemeanor, and in some states a lesser offense. It becomes a felony in some states when there is an added factor, such as carrying a weapon, entering a home while someone is there, or trespassing on certain protected sites.
Could be either
- Is assault a felony?It dependsSimple assault is usually a misdemeanor. Aggravated assault, such as assault with a deadly weapon or causing serious injury, is usually a felony.
- Is battery a felony?It dependsSimple battery is usually a misdemeanor. Battery that causes serious injury, uses a deadly weapon or targets certain victims is usually a felony.
- Is child endangerment a felony?It dependsChild endangerment can be a misdemeanor or a felony, depending on the state and the facts. In the states checked, serious injury or serious risk to the child, or a prior conviction, can make it a felony, and some states treat it as a felony at every level.
- Is credit card fraud a felony?It dependsCredit card fraud is generally a misdemeanor for small amounts and a felony for larger ones. Some states, including Texas and Illinois, make it a felony at any amount.
- Is domestic violence a felony?It dependsDomestic violence is often charged as a misdemeanor at first. It becomes a felony in many states when there is serious injury, strangulation, a weapon or prior convictions.
- Is drug possession a felony?It dependsIt depends on the state, the drug and the amount. In many states, possession of many controlled substances is a felony even in small amounts, while others treat small amounts as a misdemeanor. Possession with intent to sell is usually a felony, and small amounts of marijuana are legal for adults in some states.
- Is embezzlement a felony?It dependsEmbezzlement is generally graded like theft: a misdemeanor for small amounts and a felony once the amount passes a state's dollar line. Some states make it a felony at any amount for people in positions of trust.
- Is evading arrest a felony?It dependsIt depends on how the person fled. In the states we checked where the evading law covers running away on foot, such as Texas, a first offense with no one hurt is a misdemeanor. Fleeing in a vehicle is a felony from the first offense in some states, and in others it becomes one if the driving is dangerous, someone is hurt or killed, or the person has prior convictions.
- Is a fake ID a felony?It dependsHaving or showing a fake ID is usually a misdemeanor, but not everywhere. Making or selling one, or using one to commit fraud, is often a felony, and a few states, including Florida, make simple possession a felony.
- Is fraud a felony?It dependsFraud is generally a misdemeanor for small losses and a felony for larger ones. Some fraud crimes, such as identity theft in several states, are felonies from the start, and federal mail and wire fraud carry up to 20 years in prison.
- Is hit and run a felony?It dependsLeaving the scene of a crash that only damaged property is usually a misdemeanor, and in New York only a traffic infraction. If someone was seriously hurt or killed, leaving is generally a felony; after a minor injury, it is a felony in some states and a misdemeanor in others.
- Is speeding a felony?It dependsSpeeding alone is generally not a felony. It is a traffic ticket in many states and a minor offense in others, and a few states make very high speed a misdemeanor. Speed becomes a felony only with something more, such as racing that hurts someone or fleeing from police.
- Is stalking a felony?It dependsStalking is a felony from the first offense in some states and a misdemeanor in others. Where it starts as a misdemeanor, a prior conviction or violating a court order often makes it a felony, and some states also raise it for a threat, a weapon or a child victim.
- Is theft a felony?It dependsTheft is usually a misdemeanor when the value is low and a felony once it passes a dollar line that each state sets. Repeat theft, stolen firearms and some other cases can be felonies at any value.
- Is vandalism a felony?It dependsVandalism is usually a misdemeanor when the damage is small. In most states we checked, it becomes a felony once the damage passes a dollar line, which varies by state.
Usually a felony
- Is arson a felony?Usually a felonyArson of a building or home is generally a felony. Burning low-value property, or recklessly starting a fire, can be a misdemeanor in some states.
- Is burglary a felony?Usually a felonyBurglary is generally a felony. Entering a place without permission and without intent to commit a crime is trespass, which is usually a misdemeanor.
- Is forgery a felony?Usually a felonyForgery is usually a felony, especially for checks, deeds, wills, money and government documents. Several states make some forgery a misdemeanor, such as forging less important papers or forging to get something of low value.
- Is identity theft a felony?Usually a felonyIdentity theft is generally a felony, and some states make it one at any dollar amount. Some states, including New York, Pennsylvania and Virginia, treat small cases as misdemeanors, and California lets prosecutors charge it either way.
- Is manslaughter a felony?Usually a felonyManslaughter is a felony in most states. A few states treat certain less serious involuntary or vehicle-related deaths as misdemeanors.
- Is perjury a felony?Usually a felonyPerjury is usually a felony. Lying under oath about something material in court testimony is a felony under federal law and in all eight states checked here. Texas, New York and Florida also have a misdemeanor version for less serious false sworn statements.
- Is tax evasion a felony?Usually a felonyFederal tax evasion is a felony with up to five years in prison, and filing a false return is a separate federal felony. Under federal law, willfully failing to file or pay is generally a misdemeanor.
A felony
Every state writes its own criminal code, so these pages explain the usual pattern and give examples from state law. For a specific case, a defense lawyer or public defender can tell you how a charge is graded.