Types of Criminal Charges in the US — Felony vs Misdemeanor
Most people hear the words felony and misdemeanor on TV crime shows and nod along — but very few actually know what separates a minor charge from one that follows you for the rest of your life.
The Basic Split — Two Major Categories
The US criminal justice system divides crimes into two broad buckets. Misdemeanors are the less serious offenses. Felonies are the serious ones — and the consequences are on a completely different level.
Both can land you in court, cost you money, and damage your reputation. But a felony conviction can strip away rights you did not even know you had.
What Is a Misdemeanor?
A misdemeanor is a criminal offense that typically carries a jail sentence of up to one year, served in a local or county jail — not a state prison. Common examples include petty theft, first-time DUI, simple assault, trespassing, and disorderly conduct.
Fines for misdemeanors usually range from a few hundred to a few thousand dollars. In many cases, first-time offenders can avoid jail entirely through probation or community service.
What Is a Felony?
A felony is a serious crime that carries a sentence of more than one year, served in a state or federal prison. Murder, rape, armed robbery, drug trafficking, and arson all fall into this category.
Felony sentences can range from one year all the way to life imprisonment — or in capital cases, the death penalty. The exact punishment depends on the state, the circumstances, and the defendant's prior record.
Classes and Degrees Matter
Within both categories, crimes are further broken down by severity. Felonies are often classified as Class A, B, or C — or as first, second, and third degree. A Class A felony like first-degree murder carries the harshest penalties. A Class C felony like non-violent fraud carries significantly less.
Misdemeanors follow a similar tiered system in most states. Class 1 misdemeanors sit closest to felony territory, while Class 3 are the least serious.
Life After a Felony Conviction
This is the part that blindsides most people. A felony conviction does not just mean prison time. It can cost you your right to vote, your ability to own a firearm, access to federal student loans, public housing eligibility, and professional licenses in fields like law, medicine, and teaching.
Background checks flag felonies permanently in most states. Getting a job, renting an apartment, or even volunteering at a school can become an uphill battle for years after release.
Infractions — The Third and Forgotten Category
Below misdemeanors sits a third category most people forget — infractions. These are minor violations like traffic tickets or jaywalking. They carry no jail time, only fines, and usually do not appear on a criminal record.
Infractions rarely end up in criminal court. They are handled administratively and do not carry the same weight as a misdemeanor or felony charge.
Can Charges Be Reduced?
Yes — and this happens more often than people realize. Through a process called plea bargaining, prosecutors and defense attorneys negotiate to reduce a felony charge to a misdemeanor, or drop certain charges entirely in exchange for a guilty plea on others.
Prosecutors do this to avoid lengthy trials. Defendants do it to minimize sentences. It is a legal strategy, not a loophole — and it shapes the outcome of the majority of criminal cases in America.
For a complete breakdown of how the US court system classifies crimes, Cornell Law School's Legal Information Institute is the most reliable free legal resource available. You can also check your specific state's criminal code through USA.gov's official state resources directory.
Every criminal charge — no matter how small it seems in the moment — deserves to be taken seriously. Understanding what you are actually facing is the first step toward making the right legal decisions when it matters most.
Read Also: Miranda Rights Explained — What Police Must Tell You
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