Criminal Law: The Differences Between a Felony & a Misdemeanor
When someone is caught committing a crime, depending on its severity, the person can be charged with either a misdemeanor or a felony. A felony is considered to be a much more serious crime than a misdemeanor, and normally carries a longer jail sentence and higher penalties. Typically, nonviolent crimes such as shoplifting are considered misdemeanors while more serious crimes such as armed robbery or murder are felonies, however there are many things considered when determining how to charge someone with a crime.
In The United States, it is up to the individual states to classify and define most crimes as well as their punishments. Many states classify felonies and misdemeanors in classes or by some other means. Punishment is then determined based on which class the crime committed falls under. Because states have the ability to classify and define crimes, classification can vary drastically between states. A crime that might be considered a misdemeanor in one state could be a felony in another. Differences between states are especially apparent when it comes to issues such as drug laws.
What Are Misdemeanors?
While particular laws vary by state, misdemeanors generally include nonviolent crimes. In many cases, misdemeanors do not lead to long amounts of jail time. Misdemeanors can include vandalism, certain types of drug possession, simple assault, and disorderly conduct, among others.
What Are Felonies?
Crimes that are classified as felonies tend to involve physical violence, or some type of action that can cause extreme harm psychologically. Examples of felony crimes include manslaughter or murder, aggravated assault, kidnapping, and more. Felonies can also involve nonviolent activities that are still considered extremely harmful. These types of felonies can include grand theft, tax evasion, perjury, copyright infringement, and parole or probation violations.
Some crimes can be prosecuted as either misdemeanors or felonies. This is normally determined by the prosecutor and the decision is based on both discretion and aggravating factors, such as whether or not a weapon was used during the crime.
Punishments for Misdemeanors & Felonies
Punishments for crimes often include fines and possibly jail sentences. Fines for misdemeanors as well as felonies vary by crime and by state. Felony charges tend to be much higher, with the most serious felonies resulting in very large monetary fines. Jail sentences vary depending on the crime just as fines do. Depending on the crime, it is possible that no jail sentence is given, and that only probation is required. Jail time for misdemeanors is usually served in a county jail as opposed to a prison. Felonies result in much longer jail sentences and felons generally serve their sentences in state prisons.
The Effects of Criminal Convictions
People that commit crimes and are convicted or either misdemeanors or felonies after the age of eighteen will receive a permanent mark on their record. Depending on the crime, having a record can affect employment opportunities and many other aspects of life.
It is important that people know and follow the laws of their state to stay out of trouble, and consult a criminal lawyer should they encounter any issues. Criminal convictions can carry lifelong consequences. To learn more about misdemeanors and felonies, consult the pages listed below.
Class A and Level One Misdemeanors
Among misdemeanors, Class A or Level One crimes are the most serious, incurring fines and jail time of up to one year in most states.
By Rebecca Pirius, Attorney Mitchell Hamline School of Law
Updated 7/08/2022
Misdemeanors are crimes that are less serious than felonies, both in their commission and their punishment. In most states, the punishment for a misdemeanor is up to a year or less in a local jail, as opposed to felony punishment, which can involve state prison. Both misdemeanor and felony convictions may also involve fines and other punishments.
What Is a Class A Misdemeanor?
Many states classify misdemeanors into groups, degrees, or levels, according to the seriousness of the crime. Class A, Level 1, or first-degree misdemeanors tend to represent the most serious misdemeanors in that state. Class B, Level 2, or second-degree misdemeanors are the next serious, and so on.
Legislators group misdemeanors into classes in order to make it easy to assign a punishment. The law assigns a sentence or sentence range for each classification. For every crime, the statute defining the crime states the class that the offense belongs to. For example, a state might specify that Class A misdemeanors carry a maximum penalty of one year in jail and a $3,000 fine. The criminal code may then designate simple assault as a Class A misdemeanor by stating: A person convicted of simple assault is guilty of a Class A misdemeanor.
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Some states don’t use levels, classes, or degrees. They may have unique descriptive words or phrases for their misdemeanor classifications, such as “simple,” “gross,” or “aggravated” misdemeanors. The purpose is the same no matter what words are used for the classifications—for any given crime, once you know the class or level or other designation, you refer to the statute defining the class, level, or group to learn the sentence.
A few states don’t classify their misdemeanor crimes. Instead, for each offense, the punishment is written right into the statute that defines the crime. These states assign penalties on a crime-by-crime basis.
What Are the Penalties for Class A Misdemeanors?
The majority of states cap misdemeanor penalties at a year in jail. Because Class A represents the most serious misdemeanor penalty, many will carry this maximum one-year jail sentence. A few states impose penalties of more than one year’s imprisonment for misdemeanors—for instance, 18 months or 2, 3, or 5 years. Another group of states sets the maximum penalty at 364 days or 11 months and 29 days. The rationale for this one-day deduction is to avoid harsh immigration consequences based on a one-year (or 365-day) sentence.
Lower misdemeanor classes (like Class B and C) might carry maximum jail sentences of 30 days, 60 days, or 6 months. Every state is different. Maximum fine amounts will generally be different too. Fines for Class A misdemeanors tend to range around $1,000 to $2,000, but some states go as high as $10,000 or $15,000.
The actual sentence a person will receive for any misdemeanor will vary by the offense severity, the offender’s criminal record, and the injuries sustained by the victim. Repeat offenders who commit a violent misdemeanor (like assault) might see several months of jail time. A first-time offender, on the other hand, might avoid jail time and, instead, receive a sentence of probation or deferred adjudication.
Can a Class A Misdemeanor Be Enhanced to a Felony?
A person who commits a Class A misdemeanor can easily be looking at enhanced felony charges if any of the following circumstances apply:
- the person has prior similar convictions (for example, a third assault conviction in 10 years)
- the victim was a family or household member (domestic violence), vulnerable adult, or child
- the victim was part of a protected class (police, teacher)
- the defendant targeted a victim out of bias (hate crime), or
- the injuries turn out to be more serious than initially thought (say a bump on the head ends up being a concussion or brain injury).
Even if the prosecutor initially charges the offense as a misdemeanor, they can amend the complaint and bump it up to a felony based on new information that comes in.
Also, some states classify certain crimes as wobblers, meaning they can be charged or sentenced as either a misdemeanor or felony.
Examples of Class A Misdemeanors
Here are some examples of Class A and Level 1 misdemeanors. For more examples in your state, consult the chart below.
Arizona. Class 1 misdemeanors are punishable by up to six months’ incarceration. Examples include theft of less than $1,000, simple assault, and disorderly conduct.
Connecticut. Class A misdemeanors are punished by a jail term of up to one year. Examples include prostitution, interfering with a 911 call, and possession of a shoplifting device.
Illinois. Class A misdemeanors are punished by up to one year in jail. Criminal trespass of a vehicle and violating a no-contact order are examples.
Minnesota. In Minnesota, the most serious misdemeanor is a “gross misdemeanor,” punishable by up to a year in jail. Examples include stalking, assault of a school official, and a second conviction for domestic assault.
Texas. Class A misdemeanors are punishable by up to a year in jail. A second conviction for harassment and falsely reporting an emergency are both examples.
States That Classify Misdemeanors as Class A, Level One, or by Other Group Names
The following states have classified their misdemeanor crimes into classes, levels, or by some other grouping convention: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin.
For details on these states’ misdemeanors, sentences and sentence ranges, and examples of crimes that fit within the top grouping of misdemeanors, click the state name in the chart below.
