Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 27, 2026 · Last reviewed June 26, 2026
The misdemeanor/felony line is the biggest fork in criminal law. It sets where any sentence is served, which rights are lost, what background checks show, and what doors stay closed years later. Here's what separates them.
Misdemeanors max out at about a year in local jail. Felonies carry more than a year in state or federal prison. What sets the category is the maximum allowed by law, not the sentence a judge actually hands down.
Most states group offenses into lettered classes (A/B/C) or numbered degrees, and some add a low-level felony tier for borderline cases. Each tier has its own punishment range set by statute, and the labels and ranges differ from state to state — check your state's law.
A felony often means lost voting rights while incarcerated, a federal ban on owning guns, denial of many professional licenses, immigration fallout, and harder paths to housing and jobs.
DUI, domestic violence, and theft frequently start as misdemeanors but jump to felonies on repeat convictions. "Wobbler" crimes can be charged either way, at the prosecutor's discretion.
Misdemeanors are usually faster and easier to seal or expunge. Some felonies can never be wiped. The rules vary widely by state, so check the ones where the case sits.
More on this topic: the Crime & Police hub
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