Felony vs Misdemeanor: Felony Classes by State (2026 Guide)

A felony is the more serious grade of crime, but no single national rule says where it begins: each state's criminal code draws its own line. The most common tests are a possible sentence of more than one year (Alabama, Alaska, Connecticut, New York and Wyoming, among others) and whether the offense can be punished in a state prison or penitentiary (Arizona, California, Florida, Idaho, Massachusetts, Virginia, West Virginia and Wisconsin, among others). The exceptions are real: Vermont puts the line at more than two years (13 V.S.A. 1), Montana classifies an offense by the sentence the judge actually imposes (Mont. Code Ann. 45-2-101), and New Jersey and Maine do not sort crimes into felonies and misdemeanors at all (N.J.S. 2C:1-4; 17-A M.R.S. 4).

This guide compares all 50 states and the District of Columbia, links to a detailed page for each, and sets out the federal classes in 18 U.S.C. 3559.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide summarizes the felony and misdemeanor definitions, offense classes, lowest offense tiers, reduction mechanisms and probation limits in the criminal codes of the 50 states and the District of Columbia, plus the federal classification and sentencing provisions in Title 18 of the U.S. Code. It does not cover how specific offenses are graded (the theft laws by state and assault and battery laws by state guides show two examples), clearing a record (expungement laws by state), time limits for filing charges (statutes of limitations by state), collateral consequences other than the federal firearm rule, or city and county ordinances. Each state page carries the statute text and the exceptions this summary leaves out.

Felony vs misdemeanor: where each state draws the line

Every state separates its serious crimes from its lesser ones, but the definitions fall into several different groups.

A possible sentence of more than one year. Alabama defines a felony as an offense for which imprisonment "in excess of one year is authorized" (Ala. Code 13A-1-2). Alaska (AS 11.81.900), Connecticut (Conn. Gen. Stat. 53a-25), Hawaii (HRS 701-107), Missouri (RSMo 556.061), New York (Penal Law 10.00), Oregon (ORS 161.525), Washington (RCW 9A.04.040) and Wyoming (W.S. 6-10-101) use the same test, several of them alongside a rule that an offense the legislature labels a felony is one. Georgia's version is "more than 12 months" (O.C.G.A. 16-1-3). Ohio applies the test only to offenses the Revised Code does not label (R.C. 2901.02), New Hampshire to crimes defined outside its Criminal Code (RSA 625:9), and Rhode Island pairs it with a fine of more than $1,000 until July 1, 2027 (R.I. Gen. Laws 11-1-2).

One year or more. A few states put a sentence of exactly one year on the felony side. Illinois requires a penitentiary term of "one year or more" (720 ILCS 5/2-7), Minnesota a sentence of "one year or more" (Minn. Stat. 609.02), New Mexico death or imprisonment "for a term of one year or more" (NMSA 30-1-6) and Tennessee "one (1) year or more of confinement" or death (Tenn. Code Ann. 39-11-110); Kentucky's test is at least one year in Department of Corrections custody (KRS 500.080). In Wyoming, by contrast, a crime with a maximum of exactly one year is a misdemeanor (W.S. 6-10-101).

Where the sentence can be served. In Arizona (Department of Corrections custody, A.R.S. 13-105), California (death, state prison or county jail under Penal Code 1170(h), Penal Code 17(a)), Colorado (death or the penitentiary, Colo. Const. art. XVIII, s. 4), Florida (Fla. Stat. 775.08), Idaho (Idaho Code 18-111), Kansas (K.S.A. 21-5102), Louisiana ("imprisonment at hard labor," La. R.S. 14:2), Massachusetts (G.L. c. 274 s. 1), Mississippi (Miss. Code Ann. 1-3-11), Nevada (NRS 193.120), North Carolina (G.S. 14-1), Oklahoma (21 O.S. 5), South Dakota (SDCL 22-1-4), Texas (Penal Code 1.07), Virginia (Va. Code 18.2-8), West Virginia (W. Va. Code 61-11-1) and Wisconsin (Wis. Stat. 939.60), the test is whether the law allows death or a state prison or penitentiary term, in some states alongside a rule that an offense the law designates a felony is one. Michigan's Penal Code uses the state prison test (MCL 750.7) while its Code of Criminal Procedure uses more than one year or an express designation (MCL 761.1).

Because these tests look at what the statute allows, an offense can stay a felony even when the judge picks a jail term or a fine. The Massachusetts page gives accessory after the fact as an example (G.L. c. 274 s. 4), the Oklahoma page aggravated assault and battery (21 O.S. 647) and the West Virginia page grand larceny (W. Va. Code 61-3-13).

The label or the class. In Arkansas, Delaware, Indiana, Iowa, Maryland, Nebraska, North Dakota, South Carolina and Utah, the statute that defines the offense, or the class it assigns, decides. Delaware treats "any offense not specifically designated by law to be a felony or a violation" as a misdemeanor (11 Del. C. 233(c)). Maryland's Criminal Law definitions section does not define the words at all, and there the label does not track sentence length: second-degree assault is "the misdemeanor of assault in the second degree" and carries up to 10 years (Md. Code, Crim. Law 3-203(b)).

The outliers. Vermont: "any offense whose maximum term of imprisonment is more than two years, for life, or which may be punished by death is a felony," so an offense with a two-year maximum is a misdemeanor (13 V.S.A. 1). Montana: a felony is an offense "in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year" (Mont. Code Ann. 45-2-101). Pennsylvania: where the offense statute names no grade, an offense punishable by more than 5 years is a felony (18 Pa.C.S. 106(b)). New Jersey: an offense with more than 6 months of authorized imprisonment is a "crime," graded first to fourth degree, and disorderly persons offenses "are not crimes" (N.J.S. 2C:1-4). Maine: every crime except murder is a Class A, B, C, D or E crime (17-A M.R.S. 4(1)). The District of Columbia's felony sentencing statute uses the word without defining it (D.C. Code 24-403.01(a)), and its 2026 sentencing guidelines manual treats an offense as a felony if the Code specifies it as one or, if not, if it is punishable by more than one year.

Some states also add a middle or lower criminal tier. Minnesota, Nevada and Washington have a gross misdemeanor between the felony and the misdemeanor (Minn. Stat. 609.02; NRS 193.120; RCW 9A.04.040), and Hawaii, New Mexico and Rhode Island have a petty misdemeanor below the misdemeanor (HRS 701-107; NMSA 30-1-6; R.I. Gen. Laws 11-1-2).

How states classify crimes: classes, degrees, levels or none

Once a crime is a felony or a misdemeanor, states grade it in one of four ways.

1. Lettered or numbered classes. This is the most common structure. Alabama (Classes A to D), Alaska and Hawaii (A to C), Connecticut (A to E), Delaware (A to G), Iowa (A to D), Kentucky (capital and A to D), Maine (Class A to E crimes, with no felony label), Missouri (A to E), New Hampshire (A and B), New York (A-I and A-II to E), North Carolina (A, B1, B2 and C to I), Oregon and Washington (A to C), South Carolina (A to F), Tennessee (A to E) and Wisconsin (A to I) use letters. Arizona, Colorado and Virginia use numbers, and there class 1 is the most serious; South Dakota uses Classes A, B and C and then 1 to 6. Nebraska uses Roman numerals with sub-classes, from Class I (death) to Class IV (Neb. Rev. Stat. 28-105). Some states add a class above the usual top: Class Y in Arkansas, Class AA in North Dakota and Class X above Class 1 in Illinois. Oklahoma joined this group on January 1, 2026, when the Oklahoma Sentencing Modernization Act of 2024 placed every felony in Classes Y, A1 to A3, B1 to B6, C1 and C2, or D1 to D3 (21 O.S. 20A). Nevada calls its felony classes "categories," A to E (NRS 193.130).

2. Degrees. Florida (capital, life, and first to third degree felonies; first and second degree misdemeanors), New Mexico (capital and first to fourth degree), Ohio (first to fifth degree felonies, first to fourth degree misdemeanors and the minor misdemeanor), Pennsylvania (F1 to F3 and M1 to M3), Texas (capital, first to third degree and state jail felonies) and Utah (capital and first to third degree) grade by degree; first degree is the most serious of the numbered degrees. New Jersey grades its crimes the same way, first to fourth degree. Indiana uses "levels": murder and Levels 1 to 6 for crimes committed after June 30, 2014 (Class A to D felonies for earlier crimes).

3. Severity levels on a presumptive grid. Kansas has no lettered felony classes for felonies committed on or after July 1, 1993. Felonies are ranked by severity level on two presumptive grids, nondrug levels 1 to 10 and drug levels 1 to 5, plus off-grid crimes such as first-degree murder, and the grid block, set by severity level and criminal history, gives a presumptive range in months and the presumed disposition (K.S.A. 21-6804, 21-6805). Colorado adds four drug felony levels to its six felony classes (C.R.S. 18-1-104).

4. No classes. California, the District of Columbia, Georgia, Idaho, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Rhode Island, Vermont, West Virginia and Wyoming have no felony classes: each offense statute sets its own prison term and fine. Several supply a default for offense statutes that set no penalty, for example 16 months, two years or three years for a California felony (Penal Code 18(a)), up to 4 years or $5,000 for a Michigan felony (MCL 750.503), up to 5 years and $50,000 for an Idaho felony (Idaho Code 18-112), up to 10 years and $50,000 for an offense designated a felony in Montana (Mont. Code Ann. 46-18-213) and up to 5 years for a District of Columbia offense with no stated penalty (D.C. Code 22-1807). For a District of Columbia felony with a term-of-years maximum, the prison term imposed may not exceed that maximum minus the supervised-release revocation term, so a 5-year maximum allows up to 3 years, unless the offense is specifically designated a Class A felony (D.C. Code 24-403.01(b-1)). Michigan's Classes A to H are sentencing guidelines offense classes that produce a recommended minimum term, not penalty classes (MCL 777.21).

Why the class range is not the typical sentence

The class range is the outer limit. Inside it, other statutes shape the sentence:

• Presumptive grids and charts. Kansas, Minnesota (offense severity and criminal history, with a range 20 percent above and 15 percent below the presumptive sentence, Minn. Stat. 244.09), North Carolina (offense class crossed with prior record, G.S. 15A-1340.17) and Washington (seriousness level and offender score, RCW 9.94A.510) set a presumptive term from a grid. Oregon's guidelines are mandatory and presumptive for felonies committed on or after November 1, 1989 (ORS 137.669).
• Presumptive ranges and fixed basic sentences. Alaska sets presumptive ranges by class and prior felonies, so a first class C felony carries a presumptive 0 to 2 years though the class maximum is 5 years (AS 12.55.125(e)); sexual felonies follow their own ranges, with up to 99 years for every class (AS 12.55.125(i)). Arizona starts at a presumptive term for each class (A.R.S. 13-702(D)), New Mexico uses fixed basic sentences that a judge may alter by no more than one-third for noncapital felonies, with exceptions for youthful offenders (NMSA 31-18-15, 31-18-15.1), and Tennessee sets offender Ranges I to III inside each class (Tenn. Code Ann. 40-35-112).
• Guidelines that are presumptive for some cases. Alabama's standards have been presumptive for nonviolent offenses since October 1, 2013 (Ala. Code 12-25-34.2), and a 2026 Delaware act makes its guidelines "the presumption in the sentencing of individuals" (11 Del. C. 8905A(a)(1)).
• Advisory or voluntary guidelines. Courts must consider the guidelines in Maryland (Crim. Proc. 6-216) and Pennsylvania (42 Pa.C.S. 9721(b)); Virginia's are discretionary but require a written explanation of a departure (Va. Code 19.2-298.01); the District of Columbia's are voluntary; and Massachusetts guidelines take effect only if enacted into law (G.L. c. 211E s. 3).
• Indeterminate terms. In Hawaii the court generally imposes the class maximum, with exceptions for some drug offenses, and the paroling authority fixes the minimum, subject to mandatory minimums such as the repeat-offender terms in HRS 706-606.5 (HRS 706-659, 706-660, 706-669). Massachusetts, Kentucky, West Virginia and Wyoming also use indeterminate felony terms, and Wyoming caps the minimum at 90 percent of the maximum (W.S. 7-13-201).

Felony and misdemeanor classes by state: 50-state comparison

The table summarizes each state's code. Cells are short by design; the linked state page has the full class table with terms and fines, the statute text and the exceptions. "No classes" means each offense statute sets its own penalty. Probation entries are the general felony rule; most states have exceptions for listed offenses.

These are the general rules for each class or tier. Every state also has repeat-offender, weapon or other enhancement statutes that can raise the ranges, described below and on each state page.

Wobblers: when a felony can become a misdemeanor

A wobbler is an offense that can be treated as either a felony or a misdemeanor. California's Penal Code spells the idea out: where a crime may be punished either by state prison or Penal Code 1170(h) county jail, or by a fine or county jail, Penal Code 17(b) makes it "a misdemeanor for all purposes" in listed circumstances, including after a judgment imposing a non-prison punishment, when the court grants probation and declares the offense a misdemeanor, when the prosecutor files a misdemeanor complaint (unless the defendant objects), and, since January 1, 2026, when the court determines before trial that the offense is a misdemeanor.

Other states' mechanisms follow a few patterns, each with its own limits:

• The sentence decides. In Idaho, a prison-eligible crime that may also be punished by a fine or county jail is a misdemeanor for all purposes after a non-prison judgment, with an exception for felony DUI, and a court may later reduce a felony to a misdemeanor on application after probation, never for offenses that require sex-offender registration (Idaho Code 18-111, 19-2604). A Minnesota felony conviction is deemed a misdemeanor or gross misdemeanor when the sentence is within those limits, or a misdemeanor when a stayed sentence ends in discharge (Minn. Stat. 609.13). In North Dakota, a felony sentenced to no more than 360 days is deemed a misdemeanor unless probation is later revoked (N.D.C.C. 12.1-32-02(9)). Montana's definition works this way by itself, because it classifies by the sentence imposed.
• The lowest felony class. Arizona lets a class 6 felony that is not a dangerous offense be entered as a class 1 misdemeanor or left undesignated, unless the person has two or more prior felony convictions (A.R.S. 13-604). Indiana lets a court enter a Level 6 felony as a Class A misdemeanor, with listed exceptions, and later convert it after a petition and findings (IC 35-50-2-7). Oregon lets a court enter a Class C felony as a Class A misdemeanor when a felony conviction would be unduly harsh (ORS 161.705) and lets a district attorney elect misdemeanor treatment for some Class C felonies and listed drug offenses (ORS 161.570). Texas lets a court impose Class A misdemeanor confinement for a state jail felony, or authorize the prosecutor to prosecute it as a Class A misdemeanor (Penal Code 12.44).
• Broader court discretion. In Georgia, "When a defendant is found guilty of a felony punishable by imprisonment for a maximum term of ten years or less, the judge may, in his discretion, impose punishment as for a misdemeanor" (O.C.G.A. 17-10-5). Utah lets a court enter a conviction one degree lower if the statutory degree would be unduly harsh, or two degrees with the prosecutor's agreement, subject to listed bars (Utah Code 76-3-402).
• A lower sentence, same conviction. New Jersey lets a court sentence a first- or second-degree crime to a term appropriate to one degree lower when it is clearly convinced the mitigating factors substantially outweigh the aggravating ones and the interest of justice demands it (N.J.S. 2C:44-1(d)(2)). New York lets a court impose a definite sentence of one year or less for a class D or E felony, other than for a second or persistent felony offender, on findings the statute lists (Penal Law 70.00(4)).
• Narrow routes. Colorado vacates listed drug felony convictions and enters a level 1 drug misdemeanor after a successful community-based sentence (C.R.S. 18-1.3-103.5). Nevada punishes an attempt to commit a category C, D or E felony either as a felony or as a gross misdemeanor (NRS 193.153). A Mississippi grand jury may remand a case that may be tried either way to justice or municipal court to be tried as a misdemeanor (Miss. Code Ann. 99-33-1(3)).

Many state pages note that their classification and sentencing sections contain no provision converting a felony into a misdemeanor and name the sections, among them Connecticut, Delaware, Florida, Illinois, Kentucky, Massachusetts, Michigan, Missouri, Ohio, Pennsylvania, Washington, Wisconsin and Wyoming. Several states instead offer routes that defer judgment or end in dismissal rather than reclassifying the offense, such as probation before judgment in Maryland (Crim. Proc. 6-220), deferred judgment in Iowa (Iowa Code 907.3), judicial diversion in Tennessee (Tenn. Code Ann. 40-35-313), deferred acceptance of a plea in Hawaii (HRS 853-1), deferred adjudication in West Virginia (W. Va. Code 61-11-22a), deferral in Wyoming (W.S. 7-13-301), a deferred sentence in Vermont (13 V.S.A. 7041) and conditional discharge in New Mexico (NMSA 31-20-13). Each has its own eligibility limits.

Some rules run the other way. Since July 1, 2026, a fourth or later Georgia conviction for a misdemeanor under Chapter 5 or 6 of Title 16 within ten years is treated as a felony punishable by 1 to 10 years (O.C.G.A. 17-10-3.2). Wisconsin's domestic abuse repeater increase "changes the status of a misdemeanor to a felony" (Wis. Stat. 939.621), North Carolina moves a Class A1 or Class 1 misdemeanor committed because of the victim's race, color, religion, nationality or country of origin to a Class H felony (G.S. 14-3(c)), and Maine raises the class of some crimes for weapon use or prior convictions (17-A M.R.S. 1604(5)).

Infractions and violations: the tier below misdemeanor

Many states have a fine-only tier below the misdemeanor, and its name and legal status vary. Whether it counts as a crime matters, because several statutes add that a conviction for it carries no disability based on conviction of a crime, among them Connecticut (Conn. Gen. Stat. 53a-24(a)), Florida (Fla. Stat. 775.08(3)), Hawaii (HRS 701-107(5)), Missouri (RSMo 556.021), New Jersey (N.J.S. 2C:1-4(b)) and Oregon (ORS 153.008).

• The statute says it is not a crime. Alabama (violation), Alaska (violation, "a noncriminal offense"), Arizona (petty offense), Connecticut (violation), Florida (noncriminal violation), Hawaii (violation), Idaho (infraction, "a civil public offense, not constituting a crime"), Indiana (infraction, excluded from the definition of offense), Kentucky (violation), Maine (civil violation), Michigan (civil infraction), Minnesota (petty misdemeanor), Missouri (infraction), New Hampshire (violation), New Jersey (disorderly persons and petty disorderly persons offenses), New York (violation), North Carolina (infraction), Oregon (violation) and Wisconsin (forfeiture).
• A civil category handled outside the criminal process. Colorado civil infractions, Nevada traffic civil infractions, Washington civil and traffic infractions, Virginia traffic infractions, Vermont traffic violations, South Dakota petty offenses, Iowa municipal and county infractions, Maryland civil offenses such as municipal infractions, District of Columbia civil infractions and Massachusetts civil infractions fall here; the state pages describe each.
• The lowest tier is still a crime. A Texas Class C misdemeanor carries a fine of up to $500 and ordinarily no jail, and a conviction "does not impose any legal disability or disadvantage," but it is a misdemeanor conviction (Penal Code 12.03(c), 12.23). A New Mexico petty misdemeanor is a crime with up to six months (NMSA 30-1-6, 31-19-1). Kansas lists traffic infractions and cigarette or tobacco infractions as crimes that carry only a fine (K.S.A. 21-5102). A California infraction is a public offense with no imprisonment and no jury trial (Penal Code 16, 19.6). Ohio's minor misdemeanor (fine up to $150), Pennsylvania's summary offense (up to 90 days) and Virginia's fine-only Class 3 and Class 4 misdemeanors also sit inside the criminal system.
• No tier below the misdemeanor in the general classification. The classification sections of Georgia, Louisiana, Mississippi, Montana, Oklahoma, South Carolina, Tennessee, Texas, West Virginia and Wyoming name no infraction or violation tier; the state pages name the sections.

Probation: how long it can last

Probation limits come in three main forms: a fixed cap, a cap tied to the offense's maximum sentence, or no stated cap.

• Fixed caps. Delaware limits probation to 1 year for most offenses and 2 years for a designated violent felony unless the court makes a listed finding (11 Del. C. 4333). California generally caps felony probation at two years (Penal Code 1203.1(a)), Michigan at three years for most felonies (MCL 771.2), Wyoming at 36 months unless good cause supports more (W.S. 7-13-302(b)) and Illinois at 4 years for Class 1 and 2 felonies and 30 months for Class 3 and 4 (730 ILCS 5/5-6-2). Five years is common: Alabama, the District of Columbia, Kentucky, Louisiana (for offenses on or after August 1, 2024), Mississippi, Nebraska, New Hampshire, Ohio and South Carolina, with New Jersey and Missouri setting 1 to 5 years. West Virginia allows up to 7 years (W. Va. Code 62-12-11), Tennessee up to 8 years for one conviction (Public Chapter 409 of 2021), and Alaska (AS 12.55.090(c)) and Texas (Code Crim. Proc. art. 42A.053) up to 10 years for most felonies.
• Caps tied to the offense. Probation may run up to the maximum sentence or prison term for the offense in Arkansas (Ark. Code 5-4-306), Georgia (O.C.G.A. 42-8-34(c)), Idaho (Idaho Code 19-2601(7)), Pennsylvania (42 Pa.C.S. 9754(a)) and Utah (Utah Code 77-18-105(7)). Virginia allows a suspension period up to the statutory maximum but limits supervised probation to five years from release (Va. Code 19.2-303), Wisconsin allows the greater of the maximum confinement term or 3 years (Wis. Stat. 973.09(2)), and Minnesota generally allows 5 years or the maximum, whichever is less (Minn. Stat. 609.135).
• Caps that vary by class. Arizona (3 to 7 years for classes 2 to 6, A.R.S. 13-902), Connecticut (Conn. Gen. Stat. 53a-29), Hawaii (HRS 706-623), Maine (17-A M.R.S. 1804), Nevada (NRS 176A.500), New York (Penal Law 65.00) and Kansas, by severity level (K.S.A. 21-6608), set different limits for different classes.
• No stated cap. Colorado felony probation has no fixed statutory cap and may exceed the maximum prison term (C.R.S. 18-1.3-202), and the Massachusetts and South Dakota probation sections state no maximum length (G.L. c. 279 s. 1; SDCL 23A-27-12.2). Washington uses no general felony probation term; listed felony sentences combine confinement with a set term of community custody (RCW 9.94A.701).

Probation is often barred for the most serious offenses and for repeat or mandatory-minimum sentences. Examples include a Class A felony in Connecticut (Conn. Gen. Stat. 53a-29(a)); first degree murder and Class X felonies in Illinois (730 ILCS 5/5-5-3(c)(2)); crimes punishable by death or life in South Carolina (S.C. Code 24-21-410) and Wyoming (W.S. 7-13-302(a)); listed offenses and deadly-weapon findings for judge-ordered community supervision in Texas (art. 42A.054); a felony with a prescribed mandatory minimum in Nebraska (Neb. Rev. Stat. 28-105(4)); murder in Maine (17-A M.R.S. 1802(1)(A)); and federal Class A and B felonies for individuals (18 U.S.C. 3561(a)). At the other end, some states presume or require probation for the lowest felonies: Nebraska for a Class IV felony unless a listed exception applies (Neb. Rev. Stat. 29-2204.02(2)), Nevada for a category E felony subject to exceptions (NRS 176A.100), South Dakota for Class 5 and 6 felonies (SDCL 22-6-11) and North Dakota for a class C felony or class A misdemeanor unless a listed exception applies (N.D.C.C. 12.1-32-07.4).

On a violation, courts generally may continue probation, change its conditions, extend it within the statutory limit, or revoke it and impose a sentence. Several states limit jail for technical violations: Maryland to 15, 30 and 45 days for the first three, as a rebuttable presumption (Crim. Proc. 6-223), Virginia to no active incarceration for a first technical violation and at most 14 days for a second (Va. Code 19.2-306.1), Mississippi to 90 days on a first technical-violation revocation and 120 days on a second (Miss. Code Ann. 47-7-37(5)(a)), West Virginia to 60 and then 120 days unless the judge departs on specific written findings (W. Va. Code 62-12-10) and Ohio to 90 or 180 days for some fifth- and fourth-degree felonies (R.C. 2929.15(B)(1)(c)). Nebraska requires clear and convincing evidence of a violation before revocation (Neb. Rev. Stat. 29-2267).

Repeat-offender laws

The state pages describe habitual, persistent and repeat-offender statutes that can raise the class or the range, and some of them require life. The patterns:

• Mandatory life without release. Washington sentences a persistent offender to life without the possibility of release (RCW 9.94A.570). South Carolina requires life without parole for listed repeat most-serious and serious offenses when the solicitor gives the required notice (S.C. Code 17-25-45). Wisconsin's persistent repeater statute (Wis. Stat. 939.62(2m)(c)), North Carolina's violent habitual felon law (G.S. 14-7.12), Maryland's fourth-crime-of-violence rule (Crim. Law 14-101) and Mississippi's habitual statute for a person who served separate prior terms and has a prior crime of violence (Miss. Code Ann. 99-19-83) also require life without parole, and Illinois requires natural life for an habitual criminal (730 ILCS 5/5-4.5-95).
• One class up. Missouri sentences a persistent or dangerous offender at the next higher class (RSMo 558.016.7), South Dakota moves a felony up one or more classes for prior felonies (SDCL 22-7-7 to 22-7-8.1), and Maine, which has no general habitual-offender statute in its Criminal Code, raises the class one level for listed repeat crimes (17-A M.R.S. 1604(5)).
• Multiplied or added terms. Michigan allows up to 1.5 times the maximum after one prior felony and twice after two or more (MCL 769.10, 769.11), with life available after three or more priors and a 25-year minimum for a serious crime when one of the priors is a listed prior felony (MCL 769.12(1)). Colorado's habitual criminal law sets three or four times the presumptive maximum, and life with no parole for 40 years for listed top-class crimes after two prior such convictions (C.R.S. 18-1.3-801). New Mexico adds 1, 4 or 8 years for one, two, or three or more prior felonies (NMSA 31-18-17). Texas raises the degree for prior felonies and sets life or 25 to 99 years for a habitual felony offender (Penal Code 12.42).
• Discretionary life. Vermont allows up to life for a fourth felony after three prior felony convictions (13 V.S.A. 11).
• The District of Columbia. A felony after two prior felonies not committed on the same occasion allows up to 30 years, and a crime of violence after two prior crimes of violence requires at least 15 years and allows up to life without possibility of release (D.C. Code 22-1804a(a)(1), (2)). These third offenses count as Class A felonies for supervised-release revocation (22-1804a(a)(3)), so the 24-403.01(b-1) prison-term limit does not reduce them.

Several statutes add procedure: South Carolina's requires written notice at least ten days before trial, New Hampshire's extended terms require 21 days' notice before jury selection (RSA 651:6), and since June 2, 2025 a Colorado jury decides the prior-conviction questions when the defendant denies them (SB 25-189). The federal three-strikes provision, 18 U.S.C. 3559(c)(1), requires life imprisonment for a serious violent felony after two or more prior serious violent felonies, or one prior serious violent felony and one or more serious drug offenses, under the conditions the section sets.

Recent changes (2024 to 2027)

• Oklahoma, January 1, 2026: the Oklahoma Sentencing Modernization Act of 2024 (Laws 2024, ch. 366, HB 1792) created felony Classes Y to D3 (21 O.S. 20A to 20Q). Five 2026 acts (SB 1264, SB 1238, SB 2011, SB 1936 and HB 4104) will amend the class lists on November 1, 2026, and two of them re-enact the Class D1 section with different wording.
• Capital child sex offenses (Alabama, October 1, 2026; Mississippi, July 1, 2026): Alabama Act 2026-55 (HB 41) made first-degree rape, first-degree sodomy and sexual torture capital offenses, punished by death or life without parole, when the victim is less than 12 years of age (Ala. Code 13A-5-40). Mississippi Senate Bill 2821 made sexual battery of a child under 12 by a person 18 or older a capital felony punishable by death or life without parole (Miss. Code Ann. 97-3-101(5)(a)). In Kennedy v. Louisiana, 554 U.S. 407 (2008), the U.S. Supreme Court, addressing the death penalty "for the rape of a child where the crime did not result, and was not intended to result, in death of the victim," held that "the Eighth Amendment prohibits the death penalty for this offense."
• Alabama, October 1, 2026: Act 2026-496 counts nolo contendere, no contest, best-interest and Alford pleas as convictions for habitual-offender purposes unless expunged (Ala. Code 13A-5-9(f)).
• Iowa, July 1, 2026: House File 2542 (2026 Iowa Acts ch. 1177) raised the habitual offender maximum to 20 years and the minimum before parole to 7 years for offenses committed on or after that date, and barred deferring or suspending those sentences.
• Hawaii, June 24, 2026: Act 143 set the misdemeanor maximum at 364 days, or one year for a misdemeanor that is a crime of violence as defined in HRS 134-1 (HRS 706-663). Some repeat misdemeanor convictions carry at least nine months (HRS 706-606.5(5)).
• Hawaii, June 29 and September 1, 2026: Act 151 rewrote the default probation periods in HRS 706-623(1) effective June 29, 2026, and, effective September 1, 2026, amended HRS 701-107(2) so that a felony designation in a statute outside the Code enacted after it also counts.
• Georgia, July 1, 2026: HB 1075 enacted the repeat-misdemeanor felony in O.C.G.A. 17-10-3.2.
• Delaware, 2026: 85 Del. Laws c. 367 repealed 11 Del. C. 6580 to 6582 effective July 23, 2026 and enacted Chapter 89A, under which the sentencing guidelines are presumptive (11 Del. C. 8905A).
• California, January 1, 2026: AB 321 amended Penal Code 17, including the rule letting a court determine before trial that a wobbler is a misdemeanor.
• Rhode Island, July 1, 2027: P.L. 2026, ch. 189 and ch. 190 will make a misdemeanor an offense punishable by more than six months and not more than 364 days, or solely by a fine of more than $1,000, will drop the fine test from the felony definition, and will make every statutory reference to a one-year maximum mean 364 days (R.I. Gen. Laws 11-1-2).
• New York, September 1, 2027: a sunset date in the Sentencing Reform Act of 1995 that the Legislature has extended before. If it is not extended again, the Penal Law 70.02(2)(a) version calling for indeterminate sentences for class B and C violent felony offenses takes over.
• Missouri, January 1, 2028: a 2026 act (H.B. 2637 and 3155) will replace RSMo 558.011 and related sections with versions that set parole-eligibility percentages by class and end conditional release for class A and B felonies committed on or after that date.

Federal felony and misdemeanor classes

Federal crimes have their own classification system, separate from every state's. Under 18 U.S.C. 3559(a), "An offense that is not specifically classified by a letter grade in the section defining it" is classified by the maximum term of imprisonment the law authorizes, and the letter then sets the authorized prison term (18 U.S.C. 3581(b)), fine ceiling (18 U.S.C. 3571), probation term (18 U.S.C. 3561) and supervised release term (18 U.S.C. 3583(b)). The federal felony line is a maximum of more than one year.

Three limits on that table come from the statutes themselves. First, a classified offense "carries all the incidents assigned to the applicable letter designation, except that the maximum term of imprisonment is the term authorized by the law describing the offense" (18 U.S.C. 3559(b)). Second, the fine may be the greatest of the amount in the offense statute, the class ceiling, or the alternative of twice the gross gain or twice the gross loss (18 U.S.C. 3571(b), (d)); organizations face higher ceilings, $500,000 for a felony (18 U.S.C. 3571(c)). Third, supervised release under 3583(b)(3) covers a Class E felony or a misdemeanor "other than a petty offense," and a petty offense is a Class B or C misdemeanor or an infraction whose maximum fine is no greater than the 3571 amounts for those classes (18 U.S.C. 19).

Federal probation. An individual convicted of a Class A or Class B felony cannot be sentenced to probation, and neither can a defendant whose offense expressly precludes it or who is sentenced at the same time to prison for an offense that is not a petty offense (18 U.S.C. 3561(a)). Authorized terms are 1 to 5 years for a felony, up to 5 years for a misdemeanor and up to 1 year for an infraction (18 U.S.C. 3561(c)). On a violation, the court may continue probation, with or without extending or changing it, or revoke it and resentence; revocation with a prison term is mandatory for possessing a controlled substance or a firearm in violation of the conditions, refusing drug testing, or testing positive more than 3 times in one year (18 U.S.C. 3565(a), (b)). A court that revokes supervised release may not require more than 5 years in prison if the original offense was a Class A felony, 3 years for Class B, 2 years for Class C or D, or one year in any other case (18 U.S.C. 3583(e)(3)).

The federal Sentencing Guidelines. In United States v. Booker, 543 U.S. 220 (2005), the Supreme Court severed the provisions that made the Guidelines mandatory, which, in the Court's words, "makes the Guidelines effectively advisory" while it "requires a sentencing court to consider Guidelines ranges." The U.S. Sentencing Commission states that federal judges "are required to review and calculate the guidelines as they contemplate and impose an equitable sentence."

Federal gun law and state misdemeanor labels

Federal law makes it unlawful for a person "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year" to possess a firearm or ammunition in or affecting commerce (18 U.S.C. 922(g)(1)). That phrase excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less," along with antitrust and similar business-regulation offenses (18 U.S.C. 921(a)(20)). The exclusion turns on what the offense is punishable by, so a state misdemeanor with a maximum of more than two years falls outside it. State examples from this cluster:

• Pennsylvania: a first-degree misdemeanor is punishable by up to 5 years (18 Pa.C.S. 1104(1)).
• South Carolina: a Class A misdemeanor is punishable by up to 3 years (S.C. Code 16-1-20(A)).
• Maryland: second-degree assault, a misdemeanor, is punishable by up to 10 years (Md. Code, Crim. Law 3-203(b)).
• Massachusetts: assault and battery on a public employee performing their duties, a misdemeanor, is punishable by up to two and one half years in a house of correction (G.L. c. 265 s. 13D).

Under the same definition, what counts as a conviction is "determined in accordance with the law of the jurisdiction in which the proceedings were held," and a conviction that has been expunged or set aside, or for which a person has been pardoned or had civil rights restored, "shall not be considered a conviction" unless the pardon, expungement or restoration expressly provides that the person may not possess firearms (18 U.S.C. 921(a)(20)).

Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence.

Related legal issues

• Criminal records. How long a conviction remains visible is a separate question from its class; see how long a felony stays on your record.
• Record clearing. Whether a felony or misdemeanor can be expunged or sealed is set by separate statutes; see expungement laws by state.
• Time limits for charges. Deadlines for filing felony and misdemeanor charges are covered in statutes of limitations by state.
• Life sentences. Where the top class carries life, what that term means in practice is covered in how long a life sentence is.
• Murder. In some states, Maine among them, murder sits outside the class system; sentences for murder are compared in murder sentencing guidelines.
• Theft. How theft offenses are graded into these classes is covered in theft laws by state.
• Assault. How assault offenses are graded is covered in assault and battery laws by state.

Related

• How long a felony stays on your record
• Expungement laws by state
• Statutes of limitations by state
• How long is a life sentence?
• Murder sentencing guidelines
• Theft laws by state
• Assault and battery laws by state
• California felony and misdemeanor sentences
• Texas felony degrees and misdemeanor classes
• New York felony and misdemeanor classes
• Florida felony degrees and misdemeanor penalties

This guide presents general legal information about felony and misdemeanor classification in the 50 states, the District of Columbia and federal law, current as of 2026-10-17. It is not legal advice. Sentencing law changes often and every case turns on its facts and the exact offense statute. For advice about a specific situation, contact a lawyer licensed in the relevant state.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor?

Each state draws its own line. Most treat an offense as a felony if it can be punished by more than one year or by a state prison term, and anything less as a misdemeanor; Vermont uses more than two years (13 V.S.A. 1).

What are felony classes?

Felony classes are the grades a state uses to group felonies by seriousness, each with its own sentence range, such as Classes A to D in Alabama, Classes 1 to 6 in Arizona or first to third degree in Texas. California, Georgia, Massachusetts and several other states use no classes, and each offense statute sets its own penalty.

Is a Class A or a Class 1 felony the most serious?

In lettered systems Class A is usually the top class and in numbered systems (Arizona, Colorado, Virginia) class 1 is. Some states add a class above it: Class Y in Arkansas and Oklahoma, Class AA in North Dakota and Class X above Class 1 in Illinois.

What is a wobbler?

A wobbler is an offense that can be punished as either a felony or a misdemeanor. California Penal Code 17(b) lists when such a crime becomes a misdemeanor for all purposes, and Arizona, Indiana, Oregon and Texas have narrower rules for their lowest felony class.

Is an infraction a crime?

It depends on the state. Statutes in states such as Idaho, Missouri, New York and North Carolina say the lowest tier is not a crime, while a California infraction is still a public offense and Kansas counts traffic infractions as crimes.

Can a misdemeanor carry more than a year in jail?

Yes, in some states. A South Carolina Class A misdemeanor carries up to 3 years (S.C. Code 16-1-20(A)), a Pennsylvania first-degree misdemeanor up to 5 years (18 Pa.C.S. 1104) and Maryland second-degree assault, a misdemeanor, up to 10 years (Crim. Law 3-203(b)).

How long is felony probation?

It varies by state. Common caps are 5 years (for example Alabama, Kentucky, Mississippi and New Hampshire); Texas allows up to 10 years for most felonies, and Colorado, Massachusetts and South Dakota set no fixed maximum.

How are federal crimes classified?

Under 18 U.S.C. 3559(a), an offense with no letter grade in its own statute is classed by its maximum term: Class A to E felonies above one year, Class A to C misdemeanors from more than five days to one year, and infractions at five days or less.

Does a state misdemeanor affect federal gun rights?

It can. The federal ban on possession by a person convicted of a crime punishable by more than one year excludes a state misdemeanor punishable by two years or less (18 U.S.C. 921(a)(20)(B)), so a state misdemeanor with a longer maximum is not excluded. Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence.