A felony is the most serious category of crime in American law. In broad terms, it is an offense punishable by death or by imprisonment for more than one year. That threshold separates felonies from misdemeanors, which carry a maximum of one year or less. The label affects where a case is heard, how long a sentence can run, and what a person loses long after the sentence ends.
Where the Definition Comes From
There is no single national criminal code that defines every felony. Most crimes are defined by state legislatures, while Congress defines federal offenses in the United States Code, published at govinfo.gov and searchable at congress.gov. Federal law does supply a working definition for its own purposes. Under 18 U.S.C. § 3559, an offense is a felony when it may be punished by death or by imprisonment for more than one year. That statute also sorts federal offenses into lettered classes, from Class A felonies at the top down to Class E, with misdemeanors and infractions below them.
States use their own labels. Many divide felonies into degrees or classes, such as first degree, second degree, or Class A through Class C. The degree usually turns on factors like the harm caused, the intent, or whether a weapon was used.
Felony vs Misdemeanor
| Felony | Misdemeanor | |
|---|---|---|
| Maximum custody | More than one year | One year or less |
| Where time is served | State prison or federal facility | Local or county jail |
| Typical examples | Robbery, burglary, aggravated assault, murder | Petty theft, simple assault, disorderly conduct |
| Court | General-jurisdiction trial court | Often a limited-jurisdiction court |
| Lasting effects | Often severe and long-lasting | Usually narrower, but still real |
The line is not the same everywhere. The same conduct can be a felony in one state and a misdemeanor in another, because each legislature sets its own thresholds. Theft is the classic example: many states treat theft below a set value as a misdemeanor and theft above it as a felony, but the value and the names differ from state to state.
Common Examples
Felonies generally cover conduct that threatens serious harm or involves significant loss. Examples include:
- Murder, manslaughter, and other homicide offenses
- Robbery, burglary, and aggravated assault
- Kidnapping and certain sex offenses
- Large-scale drug manufacture or trafficking
- Arson and some weapons offenses
- Certain fraud and theft offenses above a value threshold
This list is illustrative, not exhaustive. What counts as a felony depends on the statute in the jurisdiction where the charge is filed.
Degrees, Classes, and Wobblers
Within the felony category, seriousness still varies. A jurisdiction may punish a low-level felony with a short prison term and a high-level felony with decades or life. Some states allow a charge to move between tiers. California, for example, labels certain offenses wobblers because a court may sentence them as either a misdemeanor or a felony. Sentence enhancements can also raise the exposure, such as when a weapon is used, the victim is vulnerable, or the defendant has prior convictions.
Federal and State Prosecutions
Most criminal cases are brought by states. Federal prosecutions tend to involve interstate activity, federal property, immigration, tax, firearms, and certain drug offenses. Some conduct violates both federal and state law, and prosecutors in each system may bring separate charges. The Double Jeopardy Clause bars a second prosecution by the same sovereign, not a prosecution by a different one.
How a Felony Case Moves Through Court
Felony cases follow a longer path than most misdemeanors. After an arrest, the defendant usually appears before a judge for an initial appearance, where the charges are read and bail or pretrial release is considered. In many jurisdictions the next step is a preliminary hearing or a grand jury review, which decides whether there is enough evidence to proceed. The formal charges then arrive at an arraignment, where the defendant enters a plea. Discovery, pretrial motions, and plea negotiations follow, and a small share of cases reach trial. A conviction after trial or a guilty plea leads to sentencing, where the judge applies the statutory range and any enhancements.
Sentencing and Enhancements
The sentence for a felony is usually set by statute within a range. A judge considers the seriousness of the offense, the defendant's criminal history, and aggravating or mitigating factors. Many systems use sentencing guidelines or a structured grid. Enhancements can add time for conduct such as using a weapon, causing serious injury, or committing the offense against a vulnerable victim. Some offenses carry mandatory minimum sentences, and a few carry life without parole or, where authorized, the death penalty.
What Follows a Felony Conviction
The sentence is only part of the consequence. A felony conviction can affect civil rights and daily life, including:
- The right to vote, which many states restrict during incarceration or afterward, with restoration rules that differ by state
- The right to possess a firearm, which federal law restricts for many felony convictions under 18 U.S.C. § 922(g)
- Eligibility for certain jobs, professional licenses, and public benefits
- Access to public housing and some student aid
- Immigration status, including removal for noncitizens
These are often called collateral consequences because they flow from the conviction rather than from the sentence itself. Some also apply to certain misdemeanors, so it is worth checking the specific rules rather than assuming.
Record Relief
Many states allow expungement, sealing, or set-aside of certain convictions, and the rules usually differ for felonies and misdemeanors. Some relief is limited to the least serious offenses; other programs reach broader categories after a waiting period. Federal convictions are generally harder to clear than state convictions. Eligibility depends on the offense, the sentence, and how much time has passed.
Where to Learn More
Federal statutes are available at govinfo.gov and congress.gov. For state offenses, check the state legislature's website and the state court system's self-help pages. Cornell's Legal Information Institute at law.cornell.edu offers free overviews of criminal law topics. Because definitions and penalties vary, the statute in the charging jurisdiction is the place to confirm how an offense is classified.
This guide is general legal information, not legal advice. If you are facing a charge or dealing with a conviction, consult a licensed attorney in the relevant jurisdiction.
Collateral Consequences
A felony conviction can carry consequences beyond the sentence. Many states restrict the right to vote or hold public office while a person is incarcerated or on supervision, and some require a waiting period or a restoration process. A felony record can also affect firearm rights, eligibility for certain licenses and occupations, public housing, student aid, and jury service. Some jurisdictions allow expungement, sealing, or a certificate of relief, but eligibility rules are strict and vary widely. Because these consequences can outlast the sentence, it is worth asking a lawyer about record-clearing options and civil rights restoration in your state.