Felony vs Misdemeanor in Vermont: Sentences and Probation (2026)

Vermont draws the line between a felony and a misdemeanor at two years. Under 13 V.S.A. 1, "any offense whose maximum term of imprisonment is more than two years, for life, or which may be punished by death is a felony. Any other offense is a misdemeanor." Vermont has no felony or misdemeanor classes: the statute that defines each offense sets its own prison term and fine, and 13 V.S.A. 7031 and 28 V.S.A. 205 govern how sentences and probation are set.

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

Jurisdiction scope: This article covers Vermont's felony and misdemeanor definition (13 V.S.A. 1), the habitual criminal statute (13 V.S.A. 11), the sentencing and deferred-sentence sections (13 V.S.A. 7031 and 7041), the murder and sexual assault penalty sections (13 V.S.A. 2303, 3253 and 3271), the Judicial Bureau's jurisdiction (4 V.S.A. 1102), the traffic-violation definition (23 V.S.A. 2302) and the probation sections of Title 28 (205, 251, 301 to 303). It does not grade individual offenses (see the Vermont theft laws and Vermont assault and battery laws pages), parole or good-time credits, time limits for prosecution, record clearing, municipal ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Vermont

The whole definition is one section. 13 V.S.A. 1 provides:

"Any other provision of law notwithstanding, any offense whose maximum term of imprisonment is more than two years, for life, or which may be punished by death is a felony. Any other offense is a misdemeanor."

Three points follow from the text:

• The line is more than two years. An offense whose maximum is two years is a misdemeanor; a felony needs a maximum above two years, life or death.
• The maximum decides, not the sentence imposed. Section 1 looks to the offense's "maximum term of imprisonment," so the classification depends on the penalty the offense statute authorizes.
• It opens with an override. The section begins "Any other provision of law notwithstanding."

Section 1 sets no classes, levels or degrees within either category. The prison term and fine for each offense come from the statute that defines it. For example, the aggravated sexual assault statute provides that a person who commits that crime "shall be imprisoned not less than ten years and a maximum term of life, and, in addition, may be fined not more than $50,000.00" (13 V.S.A. 3253(b)).

Vermont felony and misdemeanor penalties at a glance

These rows describe the categories, not a schedule of sentences. Each offense statute supplies the actual range; the habitual criminal statute (13 V.S.A. 11) can raise the maximum for a fourth felony to life, some offense statutes have their own repeat-offender rules, and some offenses carry minimums that cannot be suspended, as described below.

The murder terms come from 13 V.S.A. 2303(a): "(1) The punishment for murder in the first degree shall be imprisonment for: (A) a minimum term of not less than 35 years and a maximum term of life; or (B) life without the possibility of parole. (2) The punishment for murder in the second degree shall be imprisonment for: (A) a minimum term of not less than 20 years and a maximum term of life; or (B) life without the possibility of parole." Other subsections of section 2303 govern murders committed before those rules took effect. The Vermont life sentence page explains what a life term means there.

How a Vermont sentence is set

Vermont sentences are indeterminate. Under 13 V.S.A. 7031(a), when a person is sentenced to a term other than life, the court "shall not fix the term of imprisonment, unless the term is definitely fixed by statute, but shall establish a maximum and may establish a minimum term for which the respondent may be held in imprisonment."

Both ends are bounded by the offense statute: "The maximum term shall not be more than the longest term fixed by law for the offense of which the respondent is convicted, and the minimum term shall be not less than the shortest term fixed by law for the offense" (13 V.S.A. 7031(a)). The statutory maximum is therefore the outer limit, not the typical sentence. Section 7031 contains no sentencing grid.

When the court suspends part of a sentence, "the unsuspended portion of the sentence shall be the minimum term of sentence solely for the purpose of any reductions of term for good behavior as set forth in 28 V.S.A. s. 811" (13 V.S.A. 7031(a)).

Habitual criminals (13 V.S.A. 11)

Vermont's general repeat-offender statute is 13 V.S.A. 11:

"A person who, after having been three times convicted within this State of felonies or attempts to commit felonies, or under the law of any other state, government, or country, of crimes which, if committed within this State, would be felonious, commits a felony other than murder within this State, may be sentenced upon conviction of such fourth or subsequent offense to imprisonment up to and including life."

Its limits are in the text. It applies only after three prior convictions of felonies or felony attempts (or out-of-state crimes that would be felonies in Vermont), only to a fourth or later felony committed in Vermont, and not to murder. It is discretionary ("may be sentenced"), and it sets no minimum term.

Some offense statutes have their own repeat-offender rules. For example, a sexual assault committed by a person previously convicted of sexual assault under 3252(a) or (b) or of aggravated sexual assault is aggravated sexual assault (13 V.S.A. 3253(a)(4)), which carries the ten-year minimum described below, and a second or subsequent lewd and lascivious conduct with a child is sentenced under 13 V.S.A. 3271, with a maximum of life (3271(a)(1), (b)).

Offense minimums that cannot be suspended

Some offense statutes require prison time the court cannot suspend. Aggravated sexual assault is an example. Under 13 V.S.A. 3253(c)(1), the sentence "shall include at least a ten-year term of imprisonment," which "shall be served and may not be suspended, deferred, or served as a supervised sentence." The defendant "shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year or ten-year term of imprisonment."

The one exception is a downward departure under section 3253(c)(2): the court may impose a lesser term "if the court makes written findings on the record that the downward departure will serve the interests of justice and public safety, provided that in no event may the court impose a term of incarceration of less than five years."

Can a felony be reduced to a misdemeanor in Vermont?

13 V.S.A. 1, 7031 and 7041 contain no provision that converts a felony conviction into a misdemeanor. The classification follows the offense's maximum term under section 1.

What section 7041 provides is a deferred sentence. "Upon an adjudication of guilt, the court may defer sentencing and place the respondent on probation upon such terms and conditions as it may require if a written agreement concerning the deferring of sentence is entered into between the State's Attorney and the respondent and filed with the clerk of the court" (13 V.S.A. 7041(a)).

Without such an agreement, the court may still defer sentence if the crime is not a listed crime under 13 V.S.A. 5301(7), the court permits the victim to submit a statement, the court reviews the victim's impact statement with the parties, and the court determines that deferral is in the interests of justice (7041(b)). The court may not defer sentence for the child sexual offenses listed in 7041(c), including aggravated sexual assault of a child (section 3253a) and aggravated sexual assault of a victim under 13 by an actor at least 18 (3253(a)(8)).

The outcome depends on compliance: "Upon violation of the terms of probation or of the deferred sentence agreement, the court shall impose sentence. Upon fulfillment of the terms of probation and of the deferred sentence agreement, the court shall strike the adjudication of guilt and discharge the respondent" (13 V.S.A. 7041(e)). The record of the proceedings is then expunged, absent a finding of good cause by the court, but not until restitution has been paid in full; subsection (h) keeps a special index for sex offenses that require registration (7041(e), (h)).

Civil violations in Vermont

Vermont also has violations handled by the Judicial Bureau. Under 4 V.S.A. 1102(b), "The Judicial Bureau shall have jurisdiction of the following matters: (1) Traffic violations alleged to have been committed on or after July 1, 1990. (2) Civil ordinance violations alleged to have been committed on or after July 1, 1994. (3) Minor fish and wildlife violations alleged to have been committed on or after September 1, 1996." Subsection (b) lists further matters after these three.

Section 1102 is a jurisdiction statute: it assigns these matters to the Judicial Bureau and does not itself set their penalties.

For traffic violations, Title 23 answers whether they are crimes. A traffic violation includes a violation of a Title 23 provision or rule "for which no term of imprisonment is provided by law and for which a penalty of no more than $1,000.00 is provided" (23 V.S.A. 2302(a)(1)), and "A traffic violation is not a crime and shall be treated as a civil action" (23 V.S.A. 2302(b)). A Title 23 traffic law with no stated penalty carries a penalty of not more than $1,000 (2302(c)).

How long is probation in Vermont?

A court that has passed sentence "may suspend all or part of the sentence and place the person so sentenced in the care and custody of the Commissioner upon such conditions and for such time as it may prescribe in accordance with law or until further order of court" (28 V.S.A. 205(a)(1)). The term limits are in the next two subdivisions:

"(2) The term of probation for misdemeanors shall be for a specific term not to exceed two years unless the court, in its sole discretion, specifically finds that the interests of justice require a longer or an indefinite period of probation. (3)(A) The term of probation for nonviolent felonies shall not exceed four years or the statutory maximum term of imprisonment for the offense, whichever is less, unless the court, in its sole discretion, specifically finds that the interests of justice require a longer or an indefinite period of probation."

The four-year felony limit covers only "nonviolent felonies," which section 205(a)(3)(B) defines as an offense that is not "(i) a listed crime as defined in 13 V.S.A. s. 5301(7); or (ii) an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64." Subdivision (a)(3) sets no term limit for felonies outside that definition.

Probation can also be extended or ended early:

• Extension for programming: not less than 45 days before probation expires, a petition may ask the court "to extend the period of probation for a specific term not to exceed one year in order to provide the person the opportunity to complete programming consistent with special conditions of probation" (28 V.S.A. 205(a)(5)).
• Early discharge: the court "may terminate the period of probation and discharge the person at any time if such termination is warranted by the conduct of the offender and the ends of justice" (28 V.S.A. 251(a)). On the Commissioner's motion, the court must discharge the person at the midpoint of the term unless the prosecutor seeks continuation within 21 days and the court finds a risk of danger to the victim or community (by a preponderance of the evidence) or that the probationer is not substantially in compliance with the conditions related to rehabilitation or victim or community safety (by clear and convincing evidence) (28 V.S.A. 251(b)(1)).

Probation is not available for every sentence. Some offense statutes bar it, for example the aggravated sexual assault minimum described above (13 V.S.A. 3253(c)(1)).

What happens if you violate probation in Vermont?

Arrest. "Any correctional officer may arrest a probationer without a warrant if, in the judgment of the correctional officer, the probationer has violated a condition or conditions of his or her probation other than a condition that the probationer pay restitution," and "In lieu of arrest, a correctional officer may issue a probationer a citation to appear for arraignment" (28 V.S.A. 301(2)). After an arrest, "There shall be no right to bail or release, unless the person is on probation for a nonviolent misdemeanor or nonviolent felony" (301(4)); for those probationers, the court "shall release" the person at arraignment if bail or conditions of release will reasonably ensure appearance and protect the public (301(5)(A)).

Hearing. "The court shall not revoke probation without a proceeding conducted in open court" (28 V.S.A. 302(a)). The procedure includes prior written notice of the alleged violation and of the right to counsel, counsel assigned by the court on request "in the same manner as in criminal cases," proof of the violation "by a preponderance of the evidence by the State, if the probationer contests the allegation in open court," and a record of the proceeding.

Grounds. "Probation shall not be revoked unless the probationer violates a condition of his or her probation or is convicted of another crime. The violation or conviction shall be both a necessary and a sufficient ground for the revocation of probation" (28 V.S.A. 303(a)).

Confinement. Under 28 V.S.A. 303(b), "The court shall not revoke probation and order the confinement of the probationer unless the court finds on the basis of the original offense and the intervening conduct of the probationer that: (1) confinement is necessary to protect the community from further criminal activity by the probationer; (2) the probationer is in need of correctional treatment which can most effectively be provided if he or she is confined; or (3) it would unduly depreciate the seriousness of the violation if probation were not revoked."

For a deferred sentence, a violation means "the court shall impose sentence" (13 V.S.A. 7041(e)).

Recent changes

• Deferred sentences (in effect July 1, 2026): 2025, No. 93 (Adj. Sess.), titled "An act relating to eliminating the requirement for a presentence investigation for imposition of a deferred sentence," amended 13 V.S.A. 7041 and took effect on July 1, 2026. The deferred-sentence rules quoted above are from the section as it now reads.
• Older amendments: the other core sections quoted here were last amended in these years: 13 V.S.A. 1 in 1973, section 11 in 1995, sections 2303 and 3253 in 2005, section 7031 in 2019, and 28 V.S.A. 205 in 2021.

Related legal issues in Vermont

Each offense statute sets its own penalty, which decides whether it is a felony. The Vermont theft laws page explains how theft penalties fall on either side of the two-year line, and the Vermont assault and battery laws page covers the assault offenses. For clearing an old record, see Vermont expungement laws. For the time limits on bringing charges, see the Vermont statute of limitations.

Federal gun law uses a different line. 18 U.S.C. 922(g)(1) applies to a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20)(B) 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." Under 13 V.S.A. 1, a Vermont misdemeanor is an offense with a maximum term of two years or less. 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. The federal classes are covered on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• Vermont theft laws
• Vermont assault and battery laws
• Vermont expungement laws
• Vermont life sentence
• New Hampshire felony and misdemeanor classes
• Massachusetts felony and misdemeanor classes

This article provides general legal information about how Vermont statutes classify and punish offenses, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Vermont.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Vermont?

Under 13 V.S.A. 1, an offense is a felony if its maximum term of imprisonment is more than two years, is life, or may be punished by death; any other offense is a misdemeanor. An offense with a maximum of exactly two years is therefore a misdemeanor.

What are the felony classes in Vermont?

Vermont does not use felony classes or degrees of felony. 13 V.S.A. 1 sorts offenses only by maximum prison term, and each offense statute sets its own term and fine.

Is a two-year offense a felony in Vermont?

No. The felony line in 13 V.S.A. 1 is a maximum term of more than two years, so an offense punishable by up to two years is a misdemeanor.

Does Vermont have a habitual offender law?

Yes. 13 V.S.A. 11 provides that a person three times convicted of felonies (or attempts, or out-of-state crimes that would be felonies in Vermont) who commits a felony other than murder in Vermont may be sentenced on the fourth or later offense to imprisonment up to and including life. The statute uses may and sets no minimum term. Some offense statutes add their own repeat-offender rules, for example for repeat sexual assault (13 V.S.A. 3253(a)(4)).

Can a felony be reduced to a misdemeanor in Vermont?

13 V.S.A. 1, 7031 and 7041 contain no provision converting a felony conviction into a misdemeanor. Section 7041 does allow a deferred sentence, under a written agreement with the State's Attorney or, for an offense that is not a listed crime, on the court's own findings under 7041(b); it is not available for the child sexual offenses listed in 7041(c). If its terms are fulfilled, the court strikes the adjudication of guilt, and the record is generally expunged.

How long is probation in Vermont?

Under 28 V.S.A. 205(a), misdemeanor probation is a specific term of up to two years and nonviolent felony probation is up to four years or the offense's maximum term, whichever is less, unless the court specifically finds the interests of justice require a longer or indefinite period. Subdivision (a)(3)'s limit does not cover listed crimes or chapter 64 child-exploitation offenses.

What happens if you violate probation in Vermont?

Revocation requires a violated condition or a new conviction (28 V.S.A. 303(a)) and an open-court hearing with written notice, counsel on request and proof by a preponderance of the evidence if contested (28 V.S.A. 302(a)). The court may order confinement only if it makes one of the three findings in 28 V.S.A. 303(b).

What is a civil violation in Vermont?

4 V.S.A. 1102(b) gives the Judicial Bureau jurisdiction over matters including traffic violations, civil ordinance violations and minor fish and wildlife violations. Section 1102 assigns jurisdiction; it does not itself set the penalties for those violations. A traffic violation is not a crime and is treated as a civil action (23 V.S.A. 2302(b)).