Definition
What is a felony?
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 States set their own definitions. Most tie a felony to a possible sentence of more than a year (a year or more in some states) or to time in a state prison or penitentiary. Others, such as Maryland and Utah, label each crime in the law that defines it, and Maine and New Jersey don't use the felony label in their criminal codes. Here is every state's rule, from its own law.
Last checked October 29, 2026. General information, not legal advice.
Felony classes
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 Most states grade felonies by class, degree or level, each with its own prison range. Some, such as Maryland and Mississippi, set the penalty in each crime's own law instead. See the felony classes and sentences in every state.
What usually counts: the possible sentence, not the one you get
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.3 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)).
How each state defines a felony
| State | What counts as a felony | The law |
|---|---|---|
| Alabama | In Alabama, a felony is an offense that can be punished by more than one year in prison. A misdemeanor is an offense that can be punished by no more than one year. | Ala. Code § 13A-1-2(8)-(9) |
| Alaska | In Alaska, a felony is a crime that can be punished by more than one year in prison. A misdemeanor is a crime that cannot be punished by more than one year. | AS 11.81.900(b)(26), (40) |
| Arizona | In Arizona, a felony is an offense that can be punished by a sentence in the state department of corrections (state prison). A misdemeanor is an offense that can be punished only by a term served somewhere other than state prison, such as county jail. | A.R.S. § 13-105(18), (25) |
| Arkansas | In Arkansas, an offense is a felony if the criminal code or another state law designates it a felony. An offense that is not designated a felony but can be punished by imprisonment is a misdemeanor. | Ark. Code § 5-1-106(a); § 5-1-107(a) |
| California | In California, a felony is a crime punishable by death, by state prison, or by a county jail term under Penal Code § 1170(h). Every other crime is a misdemeanor unless it is classified as an infraction. | Cal. Penal Code § 17(a) |
| Colorado | Colorado's criminal code puts every offense into a category. Felonies are the six numbered felony classes and the four drug felony levels. The other categories are misdemeanors, petty offenses and civil infractions. | Colo. Rev. Stat. § 18-1-104(2) |
| Connecticut | In Connecticut, a felony is an offense that can be punished by more than one year in prison. An offense with a maximum of one year or less is a misdemeanor. | Conn. Gen. Stat. §§ 53a-25(a), 53a-26(a) |
| Delaware | In Delaware, an offense is a felony only if the law designates it as one. An offense that is not specifically designated a felony or a violation is a misdemeanor. | 11 Del. C. § 233(c) |
| D.C. | No general section of the D.C. criminal code defines "felony" or "misdemeanor." Some offense laws say outright that the offense is a felony. The general fine schedule sorts offenses by their maximum prison term, with separate tiers for terms of one year or less and terms of more than one year. | D.C. Code §§ 22-3571.01(b)(5)-(6), 50-2203.01 |
| Florida | In Florida, a felony is a crime punishable by death or by a sentence of more than 1 year in state prison. A misdemeanor is punishable by up to 1 year in a county jail. | Fla. Stat. § 775.08(1) |
| Georgia | In Georgia, a felony is a crime punishable by death, by life in prison, or by imprisonment for more than 12 months. Any other crime is a misdemeanor. | O.C.G.A. § 16-1-3(5), (9) |
| Hawaii | In Hawaii, a crime is a felony if the Penal Code or a later law outside the Code calls it one, or if a person convicted of it may be sentenced to more than one year in prison. | Haw. Rev. Stat. § 701-107(2), as amended by Act 151, SLH 2026 (effective Sept. 1, 2026) |
| Idaho | In Idaho, a felony is a crime that can be punished by death or by time in state prison. Every other crime is a misdemeanor. A crime that can be punished either by state prison or by a fine or county jail counts as a misdemeanor for all purposes once the judge imposes a sentence other than state prison. | Idaho Code § 18-111 |
| Illinois | In Illinois, a felony is an offense for which a sentence of one year or more in a penitentiary is provided. A misdemeanor is an offense that can be punished by a term of less than one year in a place other than a penitentiary. | 730 ILCS 5/5-1-9; 730 ILCS 5/5-1-14 |
| Indiana | Indiana's sentencing chapter counts a conviction as a felony conviction if the person might have been imprisoned for more than one year. Felonies are murder and Level 1 through Level 6 felonies. Class A misdemeanors carry up to one year. | Ind. Code § 35-50-2-1(b); Ind. Code § 35-31.5-2-130 |
| Iowa | In Iowa, an offense is a felony only if the law that defines the crime says it is one. If a law calls an offense a felony but gives no class or penalty, it is a Class D felony. Every public offense that is not a felony is a misdemeanor. | Iowa Code §§ 701.7, 701.8 |
| Kansas | In Kansas, a felony is a crime punishable by death or by imprisonment in a state correctional institution, or a crime the law defines as a felony. All other crimes are misdemeanors, apart from infractions. | K.S.A. 21-5102(a), (d) |
| Kentucky | In Kentucky, a felony is an offense that can be punished by a prison term of at least one year in the custody of the Department of Corrections. A misdemeanor is an offense (other than a traffic infraction) with a maximum of 12 months or less. | KRS 500.080(5), (13) |
| Louisiana | In Louisiana, a felony is any crime for which a person may be sentenced to death or to imprisonment at hard labor. A misdemeanor is any crime other than a felony. | La. R.S. 14:2(A)(4), (6) |
| Maine | Maine's criminal code does not define felony or misdemeanor. It sorts crimes into Class A through E by maximum sentence. Class A, B and C crimes (maximums of 30, 10 and 5 years) can bring more than a year in prison. Class D crimes carry a maximum of less than one year and Class E crimes a maximum of 6 months. | 17-A M.R.S. § 1604(1) |
| Maryland | Maryland has no general rule, such as a sentence length, that makes a crime a felony. The criminal law for each offense says whether it is a felony or a misdemeanor and lists the possible penalties. | Maryland People's Law Library, "Felony or misdemeanor" |
| Massachusetts | In Massachusetts, a felony is a crime punishable by death or imprisonment in the state prison. All other crimes are misdemeanors. | Mass. Gen. Laws ch. 274, § 1 |
| Michigan | In Michigan, a felony is a crime that can be punished by more than one year in prison, or a crime the law expressly calls a felony. A misdemeanor is any other violation of a state penal law. | MCL 761.1(f), (n) |
| Minnesota | In Minnesota, a felony is a crime for which a sentence of one year or more may be imposed. | Minn. Stat. § 609.02, subd. 2 |
| Mississippi | In Mississippi, a felony is any violation of law punished with death or confinement in the penitentiary. | Miss. Code Ann. § 1-3-11 |
| Missouri | In Missouri, a felony is an offense the law calls a felony, or one for which a person found guilty may be sentenced to death or to more than one year in prison. Felonies are sorted into Class A, B, C, D or E, and misdemeanors into Class A, B, C or D. Infractions are not further classified and are not criminal offenses. | Mo. Rev. Stat. §§ 556.061(26), 557.016, 556.021(1) |
| Montana | In Montana, a felony is an offense for which the sentence imposed is death or imprisonment in a state prison for a term of more than 1 year. A misdemeanor is an offense for which the sentence imposed is a county jail term, a fine, or both, or a state prison term of 1 year or less. | Mont. Code Ann. § 45-2-101(23), (42) |
| Nebraska | Nebraska sorts crimes by class instead of by a stated sentence length. Felonies fall into ten classes, from Class I (death) down to Class IV (up to 2 years in prison). Misdemeanors fall into seven classes, and the most serious (Class I) carries up to 1 year in jail. | Neb. Rev. Stat. §§ 28-105(1), 28-106(1) |
| Nevada | In Nevada, a felony is any crime that can be punished by death or by imprisonment in the state prison. A misdemeanor is a crime with a maximum of a $1,000 fine or 6 months in county jail. Every other crime is a gross misdemeanor. | Nev. Rev. Stat. § 193.120(2)-(4) |
| New Hampshire | In New Hampshire, a felony is murder, a crime the law labels a felony, or a crime outside the criminal code that can be punished by more than one year in prison. Misdemeanors and felonies are crimes; violations are not. | N.H. Rev. Stat. Ann. § 625:9, III |
| New Jersey | New Jersey has no offense called a felony. A crime is an offense for which more than 6 months of imprisonment is authorized, and crimes are graded first through fourth degree. Crimes are the closest match to felonies elsewhere. Disorderly persons and petty disorderly persons offenses are petty offenses, not crimes. | N.J. Stat. Ann. § 2C:1-4(a)-(b) |
| New Mexico | In New Mexico, a crime is a felony if the law labels it a felony or if it can be punished by death or by prison for one year or more. A misdemeanor can be punished by more than six months but less than one year, and a petty misdemeanor by six months or less. | N.M. Stat. Ann. § 30-1-6 |
| New York | In New York, a felony is an offense for which a sentence of more than one year in prison may be imposed. | N.Y. Penal Law § 10.00(5) |
| North Carolina | In North Carolina, a felony is a crime that was a felony at common law, can be punished by death, can be punished by imprisonment in the State's prison, or is called a felony by statute. Any other crime is a misdemeanor. | N.C. Gen. Stat. § 14-1 |
| North Dakota | North Dakota sorts crimes by class instead of by a stated sentence length. Felonies are Class AA, A, B and C; misdemeanors are Class A and B; and the seventh class is infractions. Each class has a maximum penalty. | N.D. Cent. Code § 12.1-32-01 |
| Ohio | In Ohio, any offense the law specifically classifies as a felony is a felony, and any offense specifically classified as a misdemeanor is a misdemeanor, whatever the penalty. If an offense has no classification, it is a felony when more than one year in prison may be imposed and a misdemeanor when no more than one year may be imposed. Aggravated murder and murder are felonies. | Ohio Rev. Code § 2901.02(C), (D), (E), (F) |
| Oklahoma | In Oklahoma, a felony is a crime that can be punished by death or by imprisonment in the penitentiary. Every other crime is a misdemeanor. | 21 O.S. §§ 5, 6 |
| Oregon | In Oregon, a crime is a felony if a law calls it one or if it can be punished by a maximum prison term of more than one year. A misdemeanor can carry no more than one year. | ORS 161.525, 161.545 |
| Pennsylvania | Pennsylvania grades felonies by degree, mostly by the longest prison term a crime allows. A crime is a first-degree felony if it can bring more than 10 years. A crime declared a felony without a degree is a third-degree felony. | 18 Pa.C.S. § 106(b) |
| Rhode Island | In Rhode Island, an offense is a felony if it can be punished by more than one year in prison or by a fine of more than $1,000, unless the law says otherwise. | R.I. Gen. Laws § 11-1-2 |
| South Carolina | South Carolina's sentencing law has no one-sentence definition of a felony. It sorts felonies into six classes, and says offenses with a term of imprisonment of less than one year are misdemeanors that sit outside the class system. | S.C. Code § 16-1-10 |
| South Dakota | In South Dakota, a felony is a crime that is or may be punishable by imprisonment in a state correctional facility. Every other crime is a misdemeanor. | S.D. Codified Laws § 22-1-4 |
| Tennessee | In Tennessee, a felony is a violation of law that may be punished by one year or more of confinement, or by death. A violation punishable by a fine or by confinement of less than one year is a misdemeanor. | Tenn. Code Ann. § 39-11-110 |
| Texas | In Texas, a felony is an offense the law labels a felony, or one that can be punished by death or confinement in a penitentiary. State jail felonies are felonies because the law labels them that way. | Tex. Penal Code § 1.07(a)(23) |
| Utah | Utah does not draw the felony line by sentence length. Each offense is designated by law as a felony, a misdemeanor or an infraction. Felonies fall into four categories: capital, first degree, second degree and third degree. A felony with no category listed is a third degree felony. | Utah Code §§ 76-3-102, 76-3-103 |
| 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. | 13 V.S.A. § 1 |
| Virginia | In Virginia, a felony is an offense punishable by confinement in a state correctional facility. All other offenses are misdemeanors. Traffic infractions are not treated as crimes. | Va. Code § 18.2-8 |
| Washington | In Washington, a crime is a felony if a statute calls it a felony or if the person can be sentenced to more than one year in prison. A crime is a misdemeanor if a statute calls it one or if the maximum is no more than 90 days. Every other crime is a gross misdemeanor. | RCW 9A.04.040(2) |
| West Virginia | In West Virginia, an offense punishable by confinement in the penitentiary is a felony. All other offenses are misdemeanors. | W. Va. Code § 61-11-1 |
| Wisconsin | In Wisconsin, a crime that can be punished by imprisonment in the state prisons is a felony. Every other crime is a misdemeanor. | Wis. Stat. § 939.60 |
| Wyoming | In Wyoming, a crime that can be punished by death or by imprisonment for more than one year is a felony. All other crimes are misdemeanors. | Wyo. Stat. § 6-10-101 |
Crimes that are usually felonies, and ones that depend
Usually a felony: arson, burglary, forgery, identity theft, manslaughter, perjury, robbery, tax evasion.
Depends on the facts: assault, battery, child endangerment, credit card fraud, domestic violence, drug possession, embezzlement, evading arrest, fake id, fraud, hit and run, speeding, stalking, theft, vandalism.
What a felony conviction can affect
- 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.4
- 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.5
- 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.6
Jobs, licenses, housing, travel and benefits have their own rules. See what you can do with a felony, question by question.
Can a felony be reduced or cleared?
- 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.7
- 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.8
- 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.9
Many states let some felony convictions be sealed or expunged after a wait. Check your state's rules.
Questions
What is a felony?
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.
Does the sentence you actually get decide whether it's a felony?
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. California is one exception: for a crime that can be charged either way, a sentence other than state prison can make it a misdemeanor for all purposes.
What does "convicted felon" mean?
"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.
Is a felony the same in every state?
No. Each state sets its own rule. Most tie a felony to a possible sentence of more than a year (a year or more in some states) or to time in a state prison or penitentiary. Others, such as Maryland and Utah, label each crime a felony or misdemeanor in the law that defines it, and Maine and New Jersey don't use the felony label in their criminal codes. The table on this page gives every state's rule from its own law.
Sources
Each source was opened and checked on October 29, 2026.
- 18 U.S.C. 3156: Definitions
- 18 U.S.C. 3559: Sentencing classification of offenses
- Federal Rules of Criminal Procedure, Rule 7: The Indictment and the Information
- 18 U.S.C. 922: Unlawful acts
- 28 U.S.C. 1865: Qualifications for jury service
- Restoration of Voting Rights for Felons
- California Penal Code 17
- Texas Penal Code, Chapter 12: Punishments
- Indiana Code 35-38-1-1.5: Converting Level 6 felony to Class A misdemeanor (2026 Indiana Code)