What Is a Misdemeanor? Definition, Classes, and How It Differs From a Felony

A misdemeanor is a criminal offense that's less serious than a felony but more serious than an infraction. It's typically punishable by up to a year in a county or local jail, along with fines, probation, community service, or some combination of those. Common examples include petty theft, simple assault, first-time DUI in many states, disorderly conduct, and minor drug possession. A misdemeanor is a real criminal conviction that goes on your record, but it carries lighter penalties and fewer long-term consequences than a felony.

That's the short answer. The fuller picture, how misdemeanors are graded, what they actually cost you beyond the sentence, and exactly where the line to a felony sits, is worth understanding, because "misdemeanor" covers a wide range and the differences within that range matter.

The three tiers of offenses

Criminal offenses in the United States generally fall into three tiers, ordered by severity, and knowing where misdemeanors sit between the other two is the foundation for everything else.

At the bottom are infractions, sometimes called violations. These are the most minor offenses, things like most traffic tickets, jaywalking, or minor municipal-code violations. An infraction usually isn't even considered a "crime" in the full sense; it's typically punishable only by a fine, with no jail time and often no criminal record. You generally don't get a jury trial for an infraction, and you can't be jailed for one.

In the middle are misdemeanors. These are genuine crimes, prosecuted in criminal court, that carry the possibility of jail time, usually up to a year, served in a local or county jail rather than state prison. A misdemeanor conviction creates a criminal record, and you generally have the right to a jury trial and to an attorney.

At the top are felonies, the most serious crimes, punishable by more than a year of incarceration, typically served in state or federal prison, and in the gravest cases by life imprisonment or, where applicable, death. Felonies carry the heaviest collateral consequences, the loss of voting rights in some states, restrictions on firearm ownership, barriers to employment and housing.

So a misdemeanor is the middle tier: a real crime with real consequences, but one that keeps you in the county-jail-and-under range rather than the prison range. The difference between an infraction and a misdemeanor is roughly the difference between a fine and a possible jail sentence. The difference between a misdemeanor and a felony is roughly the line of one year of incarceration and the kind of facility you'd serve it in.

How misdemeanors are classified

Most states don't treat all misdemeanors the same. They grade them into classes or degrees, which determine the maximum penalty, and the grading scheme varies by state.

A common system uses letters: Class A (or Class 1) misdemeanors are the most serious, carrying the longest possible jail terms and highest fines, often up to a year in jail. Class B and Class C (or Class 2 and Class 3) misdemeanors step down in severity, with shorter maximum jail terms and lower fines. Some states use a numbered system instead, and a few use descriptive tiers like "gross misdemeanor" for the most serious category. The labels differ, but the logic is consistent: the class determines the ceiling on punishment.

For example, a Class A misdemeanor might be punishable by up to a year in jail and a fine of a few thousand dollars, while a Class C misdemeanor might carry only a maximum of a month or two and a small fine. The specific offense, assault, theft, DUI, gets assigned to a class by statute, and that classification sets the range a judge can sentence within. Because this varies so much by state, the exact penalty for a given misdemeanor depends entirely on which state you're in and how that state grades the offense.

What a misdemeanor actually costs you

The sentence is only part of the picture. A misdemeanor conviction carries consequences that outlast any jail time or fine, and these are often what matter most in the long run.

A misdemeanor goes on your criminal record, where it can show up on background checks run by employers, landlords, and licensing boards. While a misdemeanor is far less damaging than a felony on a background check, it's still a criminal conviction that some employers and landlords will see and weigh. Certain professional licenses can be affected by particular misdemeanors, especially those involving dishonesty or violence. And a misdemeanor conviction can sometimes be used to enhance the penalty for a later offense, turning a second or third occurrence of the same crime into a more serious charge.

The good news is that misdemeanors are generally easier to clear from your record than felonies. Many states allow misdemeanors to be expunged or sealed after a waiting period, often shorter than the period required for felonies, and the spread of automatic record-clearing laws has made this easier still. If you have a misdemeanor on your record, the expungement process is often a realistic path to getting it off background checks, which is one more reason the misdemeanor-versus-felony distinction matters beyond the original sentence.

Where the line to a felony falls

The single most consequential question with many offenses is whether they're charged as a misdemeanor or a felony, because that classification changes everything: the court you're in, the possible sentence, the type of facility, and the long-term consequences.

For some crimes, the line is about the severity of the conduct or the amount involved. Theft is the classic example: stealing below a certain dollar threshold is typically petty theft, a misdemeanor, while stealing above that threshold becomes grand theft, a felony. The exact dollar line varies by state. Assault works similarly: a simple assault with no weapon and minor injury is often a misdemeanor, while an aggravated assault involving a weapon or serious injury becomes a felony.

Some offenses are what's called "wobblers," crimes that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. For a wobbler, factors like the defendant's criminal history, the seriousness of the specific incident, and the prosecutor's judgment determine which way it goes, and that decision dramatically changes the stakes. A wobbler charged as a felony can sometimes be reduced to a misdemeanor through plea negotiation or by the judge, which is often a major goal of the defense.

And prior convictions can push a misdemeanor up to a felony. A first DUI is a misdemeanor in most states, but a third or fourth DUI within a certain period frequently becomes a felony. Repeat offenses of the same misdemeanor can escalate into felony territory under many states' laws.

What happens after a misdemeanor charge

If you're charged with a misdemeanor, the case moves through criminal court, though the process is usually faster and less involved than a felony case. You'll typically be arraigned, where the charge is formally read and you enter a plea, and the case proceeds from there toward either a plea agreement or trial. You have the right to an attorney, and if you can't afford one, the court appoints a public defender. You also generally have the right to a jury trial for a misdemeanor, though many misdemeanor cases resolve through plea bargains rather than going to trial.

Many first-time misdemeanor offenders never see the inside of a jail cell, even on a conviction. Judges frequently impose probation, fines, community service, or diversion programs instead of jail time, particularly for minor offenses and defendants with no prior record. Probation in particular is a common misdemeanor outcome, letting you serve your sentence in the community under supervision rather than behind bars.

Frequently asked questions

What is the difference between a felony and a misdemeanor?

The core difference is severity and punishment. A misdemeanor is punishable by up to about a year in a local or county jail, while a felony is punishable by more than a year in state or federal prison. Felonies are the more serious crimes, murder, robbery, major drug offenses, and carry heavier collateral consequences like loss of voting and firearm rights in some states. Misdemeanors, petty theft, simple assault, first DUI, are real crimes with criminal records but lighter penalties and easier paths to expungement.

What is a Class C felony?

A Class C felony is a mid-to-lower tier of felony in states that grade felonies by letter, more serious than any misdemeanor but less serious than Class A or Class B felonies. The exact penalty varies by state, but a Class C felony typically carries a multi-year prison sentence. Because it's still a felony, it brings the full felony collateral consequences regardless of being a lower class. The grading systems differ by state, so a "Class C felony" in one state isn't identical to one in another.

What is the difference between a misdemeanor and an infraction?

An infraction is a minor violation, like most traffic tickets, punishable only by a fine with no jail time and usually no criminal record. A misdemeanor is a genuine crime that carries possible jail time, creates a criminal record, and comes with the right to a jury trial and an attorney. The simplest way to think about it: an infraction can cost you money, while a misdemeanor can cost you your freedom and shows up as a criminal conviction.

The classification of a criminal offense as a misdemeanor shapes nearly everything that follows, the court, the sentence, the record, the path to clearing it later. For the authoritative legal framework, the Legal Information Institute maintains plain definitions of these terms, and your specific state's criminal code is what ultimately governs how any particular offense is graded and punished.