criminallaw.wikiThe sourced reference on US criminal law

Felony vs misdemeanor vs infraction

From criminallaw.wiki, the sourced reference on US criminal law
General information, not legal advice. Criminal laws differ by state and change often. For advice about a specific situation, talk to a licensed criminal defense lawyer or a public defender. See the legal disclaimer.

Law checked as of · Written by the criminallaw.wiki editorial team

Key facts: Felonies, misdemeanors, and infractions are distinguished mainly by the maximum punishment authorized, with felonies carrying the longest prison terms and infractions typically carrying only a fine.[1][2][3]

Criminal offenses in the United States are generally sorted into three broad categories based on how serious they are and how harshly they can be punished: felonies, misdemeanors, and infractions.[1][2][3]Federal law uses a similar letter-grade system tied directly to the maximum term of imprisonment authorized for an offense.[4]

Overview

Federal classification of offenses by maximum prison termFederal classMaximum prison term authorizedClass A felonyLife imprisonment or deathClass B felony25 years or moreClass C felony10 to less than 25 yearsClass D felony5 to less than 10 yearsClass E felonyMore than 1 year to less than 5 yearsClass A misdemeanorMore than 6 months to 1 yearClass B misdemeanorMore than 30 days to 6 monthsClass C misdemeanorMore than 5 days to 30 daysInfraction5 days or less, or no imprisonment
How federal law grades an offense that its own statute does not classify, by the maximum term of imprisonment authorized (18 U.S.C. § 3559(a)). States use their own systems. Diagram: criminallaw.wiki.[4]

Every U.S. jurisdiction divides criminal offenses into categories based on seriousness, and the three main categories are felonies, misdemeanors, and infractions.[1][2][3]The category assigned to an offense affects the maximum sentence a court may impose, among other consequences.[5]Because classification systems are set by statute, and statutes vary by state, the exact dividing line between categories differs from one jurisdiction to the next.[1][2]Readers who want more background on how crimes are defined in the first place may find it useful to review what is criminal law and the elements of a crime.

Felonies

A felony is a type of offense punishable under criminal law, and it is generally the most serious category of crime.[1]Many states classify felonies into letter grades depending on the seriousness of the crime and its punishment, and where a felony is not given its own letter grade, a default classification scheme is often used.[1]Under that default scheme, a Class A felony is one where the maximum authorized term is life imprisonment or death, a Class B felony carries a maximum of twenty-five years or more, Class C covers less than twenty-five but ten or more years, Class D covers less than ten but five or more years, and Class E covers less than five years but more than one year.[1]Some states do not use letter-grade categories at all and instead set the sentence crime-by-crime.[1]Offenses commonly prosecuted as felonies, such as murder and certain violent crimes, carry the possibility of lengthy prison terms.

Misdemeanors

A misdemeanor is also an offense punishable under criminal law, but it is typically punishable by less than 12 months in jail.[2]Common punishments for misdemeanors include community service, probation, fines, and imprisonment for less than a year, in contrast to felonies, which carry jail time of more than 12 months.[2]Many states further divide misdemeanors into letter-grade classes: a Class A misdemeanor carries a maximum term of one year or less but more than six months, Class B carries six months or less but more than thirty days, and Class C carries thirty days or less but more than five days.[2]As with felonies, some states skip these categories and set punishment crime-by-crime.[2]Offenses such as some forms of assault or first-time drug possession may be charged as misdemeanors depending on the facts and the jurisdiction.

Infractions

An infraction refers generally to a violation or infringement, or a breach of a statute, contract, or obligation, but in criminal law the term is used for very minor offenses with very minor penalties.[3]Examples include parking overtime, speeding, and tailgating, and although an infraction is considered an offense in the criminal justice system, it is among the most minor offenses and is far less serious than a misdemeanor.[3]In California, for example, the highest punishment for an infraction is a possible maximum fine of $250, and incarceration is not an option.[3]California also recognizes so-called 'wobbler infractions,' which sit between a misdemeanor and an infraction and include offenses like disturbing the peace and exhibition of speeding.[3]

Wobblers

A wobbler is a special class of crime involving conduct that varies widely in seriousness, covering offenses such as assault with a deadly weapon, vehicular manslaughter, money laundering, and defacement of property.[6]A wobbler can be punished as either a felony or a misdemeanor, meaning it may result in either a term in state prison or imprisonment in county jail and/or a fine, and it has been described as an 'alternative felony/misdemeanor'.[6]Whether a wobbler is treated as a felony or a misdemeanor is generally left to a trial court's discretion.[6]Under California law, for instance, a wobbler is presumed to be a felony unless a court uses its discretion to reduce it to a misdemeanor, a power courts hold so that felony-level punishment is not wrongly applied where a misdemeanor punishment would be enough.[6]Courts have broad, elastic authority to make this decision based on factors including the nature and circumstances of the offense, the defendant's attitude toward the offense, and traits of character shown by behavior and demeanor at trial, along with the general objectives of sentencing.[6]Offenses can also be classified as wobblers based on a defendant's criminal history or the severity of the conduct; for example, petty theft is usually a misdemeanor but becomes a wobbler if the defendant has previously served a prison term for certain theft-related crimes, while other offenses such as grand theft are wobblers regardless of history.[6]Readers facing a charge that could be classified either way may want to review the general steps described under arraignment and plea bargaining.

Federal classification

Federal law classifies offenses using a letter-grade system set out in the U.S. Code, based on the maximum term of imprisonment authorized for the offense.[4]An offense not already given a letter grade is classified as a Class A felony if the maximum term is life imprisonment or death, Class B felony for twenty-five years or more, Class C felony for less than twenty-five but ten or more years, Class D felony for less than ten but five or more years, and Class E felony for less than five years but more than one year.[4]On the misdemeanor side, a Class A misdemeanor covers one year or less but more than six months, Class B covers six months or less but more than thirty days, and Class C covers thirty days or less but more than five days; an offense with a maximum of five days or less, or no authorized imprisonment at all, is classified as an infraction.[4]Except where federal law provides otherwise, an offense classified this way carries all the incidents assigned to its letter designation, though the maximum term of imprisonment remains whatever the specific law describing the offense authorizes.[4]A related federal provision sets the actual authorized prison terms for each class, ranging from life or any period of time for a Class A felony down to not more than five days for an infraction.[5]Federal law also defines a 'petty offense' as a Class B misdemeanor, Class C misdemeanor, or infraction for which the maximum fine does not exceed specified amounts.[7]More on how federal charges are brought and handled appears under federal crimes.

Consequences beyond the sentence

The classification assigned to an offense determines the maximum authorized term of imprisonment, which is the central legal consequence distinguishing felonies, misdemeanors, and infractions.[5]Because a wobbler can be charged or sentenced as either a felony or a misdemeanor, the same underlying conduct may carry very different maximum punishments depending on how a court exercises its discretion.[6]Readers trying to understand what a particular classification might mean for sentencing, plea decisions, or a later request to seal a record may find it helpful to review general information under criminal sentencing and expungement and record sealing. Anyone currently facing a charge can also review general starting points at charged with a crime? start here and information on the right to a public defender.

Common questions

What is the difference between a felony, a misdemeanor and an infraction?

A felony is punishable under criminal law and generally carries the most serious consequences, while a misdemeanor is typically punishable by less than 12 months in jail, and an infraction is a minor offense usually punished only with a fine.[1][2][3]Federal law formalizes this hierarchy by classifying offenses into letter grades based directly on the maximum term of imprisonment authorized.[4]

What is the least serious kind of offense?

An infraction is considered among the most minor offenses in the criminal justice system, far less serious than a misdemeanor, with examples including parking overtime and speeding.[3]In California, the maximum punishment for an infraction is a fine of up to $250, and incarceration is not available as a penalty.[3]

Can a misdemeanor become a felony?

Some offenses, known as wobblers, can be charged or sentenced as either a felony or a misdemeanor, with the choice generally left to a trial court's discretion.[6]For example, petty theft is usually a misdemeanor but can become a wobbler if the defendant previously served a prison term for certain theft-related crimes, showing how prior history or the severity of conduct can push an offense toward felony treatment.[6]

Is a speeding ticket a crime?

Speeding is given as an example of an infraction, which is technically considered an offense in the criminal justice system even though the penalty is very minor.[3]In some states, including California, certain speeding-related conduct can even be charged as a 'wobbler infraction,' which sits between an infraction and a misdemeanor.[3]

References

All sources retrieved November 2026.

  1. ^ a b c d e f g h i "Felony (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  2. ^ a b c d e f g h i j "Misdemeanor (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  3. ^ a b c d e f g h i j k l m n "Infraction (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  4. ^ a b c d e f g "18 U.S.C. § 3559". U.S. Code via Legal Information Institute. Retrieved November 2026.
  5. ^ a b c d e "18 U.S.C. § 3581". U.S. Code via Legal Information Institute. Retrieved November 2026.
  6. ^ a b c d e f g h i j "Wobbler (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  7. ^ "18 U.S.C. § 19". U.S. Code via Legal Information Institute. Retrieved November 2026.