- Author: Richard Stim
- Jan 27, 2026
When someone is charged with a crime, one of the first things that matters is whether the offense is a misdemeanor or a felony. This difference can affect how serious the punishment is, whether you face jail or prison time, how long the case lasts, and how it impacts your future.
If you or a loved one is dealing with criminal charges, understanding these categories can help you make smarter legal decisions from the start.
What Is a Misdemeanor?
A misdemeanor is generally considered a less serious criminal offense than a felony. These charges often involve minor or non-violent crimes, though the consequences can still be significant depending on the facts of the case and your criminal history. In many cases, misdemeanors are handled in local or lower-level courts, and penalties may include jail time, fines, probation, or community service.
A misdemeanor is a criminal offense and it is considered a violation of criminal law, though less severe than a felony. A misdemeanor can still lead to penalties such as fines, probation, or jail time and may appear on your criminal record. To better understand how it differs from more serious charges, read our guide on misdemeanor vs felony and how each offense can affect your future.
Common Examples of Misdemeanors
Misdemeanors may vary by state, but common examples include:
- Petty theft
- Simple assault
- Disorderly conduct
- Public intoxication
- Trespassing
- Minor drug possession (depending on the substance and amount)
- Driving without a valid license
Even though these crimes may seem “small,” a misdemeanor conviction can still create problems for work, housing, and background checks.
Typical Penalties for a Misdemeanor
Misdemeanor punishment depends on the state and offense, but common penalties include:
- Up to 1 year in county or local jail
- Probation
- Fines and court costs
- Community service
- Mandatory classes
- Restitution to victims
Some misdemeanors also come with long-term consequences like license suspension or restraining orders.
What Is a Felony?
A felony is a more serious criminal charge, typically involving violent crimes, major financial harm, or serious threats to public safety. Felonies usually carry longer sentences, harsher penalties, and more serious long-term consequences.
Felony cases often go through more complex legal procedures and can result in state prison time rather than local jail time.
A felony is generally defined as a crime punishable by:
- More than 1 year in prison, or
- In some cases, significant fines and long-term supervision, even without prison
Felonies often fall into different severity levels, such as Class A, B, C, D, depending on the state.
Common Examples of Felonies
Examples of felony charges often include:
- Robbery or armed robbery
- Burglary
- Aggravated assault
- Domestic violence with serious injury
- Drug trafficking or distribution
- Grand theft
- Sexual assault offenses
- Manslaughter or murder
- Fraud and identity theft
Felony charges are treated seriously because they are considered major threats to people, property, or society.
Typical Penalties for a Felony
Felony penalties can include:
- More than 1 years in state prison
- Large fines
- Long-term probation or parole
- Mandatory minimum sentencing in some cases
- Loss of rights
- Permanent criminal record impact
Some felonies also carry life sentences depending on the severity.
Key Differences Between Felony and Misdemeanor
Although both are criminal offenses, the impact of a felony is generally much stronger than that of a misdemeanor. Here’s how they differ in major ways.
| Feature | Misdemeanor | Felony |
| Severity | Less serious crime | More serious crime |
| Examples | Petty theft, disorderly conduct, simple assault | Robbery, burglary, drug trafficking, murder |
| Punishment Length | Usually up to 1 year | Usually more than 1 year |
| Where Time Is Served | County/local jail | State or federal prison |
| Fines | Lower fines (varies by state) | Higher fines (often much larger) |
| Court Process | Typically faster and simpler | More complex and longer process |
| Criminal Record Impact | Can affect jobs and background checks | Strong long-term impact on life and rights |
| Probation/Parole | Probation may apply | Probation or parole often applies |
| Rights Impact | Usually, fewer rights are affected | May affect voting, gun rights, and more |
| Future Consequences | May still cause issues with work/housing | Can cause major issues in career, immigration, and housing |
Misdemeanor DUI vs Felony DUI
A misdemeanor DUI is typically charged for a first-time or less severe offense and may result in penalties such as fines, probation, license suspension, DUI classes, or short jail time. It applies when there is no serious injury, death, or prior DUI history.
A felony DUI is a more serious charge and usually applies when the offense involves repeat DUI convictions, serious bodily injury, death, or driving on a suspended license. Felony DUI convictions carry harsher penalties, including longer prison sentences, higher fines, and long-term consequences on your criminal record.
Can a Misdemeanor Turn Into a Felony?
Yes, in certain situations, a misdemeanor can be upgraded to a felony depending on the facts. This happens more often than people expect, especially when prosecutors believe the offense is more severe than it initially appeared.
White Collar Crimes: When Charged as a Felony vs MisdemeanorWhite collar crime cases are often prosecuted as either a misdemeanor or a felony, depending on the seriousness of the offense, the financial loss involved, and whether the accused has a prior criminal record.
Many serious financial white collar crime offenses such as embezzlement, identity theft, forgery, wire fraud, and money laundering are often classified as felonies because they involve deception and major financial harm. These types of white collar crime can result in severe penalties, including prison time and long-term legal consequences.
Schedule a consultation with a Criminal Lawyer
Whether you’re facing a misdemeanor charge or a felony accusation, the decisions you make early can strongly affect your outcome. Criminal cases move fast, and waiting too long can make it harder to protect your rights and build a solid defense. If you’ve been arrested, questioned by police, or charged with a crime, contact an experienced criminal defense attorney immediately to understand your options and fight for the best possible result.
FAQs
What is a felony vs misdemeanor?
A misdemeanor is a less serious crime usually punishable by up to 1 year in jail, while a felony is more serious and can lead to prison time over 1 year.
Is a misdemeanor better than a felony?
Yes, a misdemeanor is generally less severe and typically has lighter penalties and fewer long-term consequences than a felony.
Do misdemeanors go on your permanent record?
Yes, misdemeanors can stay on your criminal record and may appear on background checks unless sealed or expunged.
How long do you go to jail for a misdemeanor?
Most misdemeanors carry a maximum sentence of up to 12 months in county jail, depending on the state and charge.
How much prison time can you get for a felony?
Felony sentences vary widely, but they often involve more than 1 year in prison and can range up to life for serious crimes.
Can a misdemeanor become a felony?
Yes, certain factors like repeat offenses, serious injury, weapons, or large property damage can upgrade a misdemeanor to a felony.
What crimes are considered felonies?
Common felonies include robbery, burglary, aggravated assault, drug trafficking, and serious fraud crimes.
What crimes are considered misdemeanors?
Common misdemeanors include petty theft, disorderly conduct, simple assault, trespassing, and minor drug possession.
Does a felony affect immigration status?
Yes, a felony can cause serious immigration issues like deportation, visa denial, or loss of green card eligibility.