Definition
A felony is the most serious category of crime, generally defined as an offense punishable by more than one year of imprisonment, usually in a state or federal prison rather than a local jail. Felonies include serious crimes such as murder, robbery, aggravated assault, major drug offenses, and many forms of fraud. Beyond incarceration, a felony conviction carries lasting "collateral consequences," including potential loss of voting and firearm rights, that distinguish it sharply from a misdemeanor.
Legal Meaning
The line between a felony and a less serious offense is drawn primarily by the maximum potential punishment. In most of the United States, a crime that can be punished by more than one year of incarceration is a felony, while a crime punishable by up to one year is a misdemeanor. This distinction matters because it determines where a sentence is served, the procedural protections that apply, and the long-term effect on a person's record.
Felonies are defined by both state and federal law, and the exact list of offenses and their penalties varies considerably across jurisdictions. Many states sort felonies into classes (such as Class A, B, and C) or degrees (first, second, and third degree), each carrying its own sentencing range. Federal felonies follow a separate classification system and are sentenced with the help of the federal sentencing guidelines.
Because the consequences are so severe, felony cases come with significant constitutional protections, including the right to a jury trial, the right to counsel, and the requirement that the prosecution prove guilt beyond a reasonable doubt. Defending against a felony charge is a core part of criminal defense practice, and the outcome can shape a person's freedom, finances, and future for years.
Key Points
- A felony is generally punishable by more than one year of imprisonment
- Felony sentences are typically served in state or federal prison, not local jail
- Many states classify felonies by class (A, B, C) or degree (first, second, third)
- Common felonies include murder, robbery, aggravated assault, and major drug and fraud offenses
- "Wobbler" offenses can be charged as either a felony or a misdemeanor depending on the facts
- A conviction can trigger "collateral consequences," such as loss of voting or firearm rights
- Felony defendants are entitled to a jury trial and the right to counsel
- Penalties, classifications, and expungement eligibility vary significantly by state
Real-World Example
David is arrested for breaking into a home and stealing electronics. In his state, residential burglary is classified as a second-degree felony with a sentencing range of two to twenty years in prison, depending on the circumstances and his prior record.
Because the charge is a felony, David is entitled to a jury trial and appointed counsel if he cannot afford an attorney. His lawyer negotiates with the prosecutor, and given that David has no prior convictions, they reach a plea agreement for a lower-end sentence with a period of probation. Even after he completes his sentence, the felony conviction may affect his ability to vote while on supervision, own a firearm, and pass background checks for certain jobs—illustrating why felony consequences extend well beyond the courtroom.
Felony vs. Misdemeanor at a Glance
| Feature | Felony | Misdemeanor |
|---|---|---|
| Maximum incarceration | More than one year | Up to one year (typically) |
| Where served | State or federal prison | Local or county jail |
| Examples | Murder, robbery, aggravated assault, major drug offenses | Petty theft, simple assault, first-offense DUI, disorderly conduct |
| Right to jury trial | Yes | Often yes, but limited for very minor offenses |
| Collateral consequences | Significant (voting, firearms, licensing) | Usually limited |
| Expungement | Sometimes; often restricted | More commonly available |
How Felonies Are Classified
States and the federal government use classification systems to group felonies by seriousness, which in turn drives the sentencing range.
Classes and Degrees
Many states label felonies by class (for example, Class A through Class E) or by degree (first, second, and third degree). A higher class or lower degree number usually signals a more serious crime with a longer potential sentence. Because each state designs its own system, the same conduct can fall into different categories depending on where it occurs.
Wobblers
Some offenses are "wobblers," meaning they can be charged as either a felony or a misdemeanor. Prosecutors weigh factors like the severity of the harm, the defendant's record, and the circumstances of the offense when deciding how to charge a wobbler.
Sentencing Enhancements
Prior convictions, use of a weapon, or the vulnerability of a victim can trigger sentencing enhancements that lengthen a felony sentence. Some states' "habitual offender" or "three strikes" laws can dramatically increase penalties for repeat offenders.
Related Terms
Facing a Felony Charge?
A felony conviction can change your life. Learn how criminal defense attorneys protect your rights and your future.
Explore Criminal DefenseWhen You Need a Lawyer
Felony charges carry the highest stakes in the criminal justice system, so representation by a qualified criminal defense attorney is critical. A skilled lawyer can:
- Analyze the charges and the evidence for weaknesses or constitutional violations
- Advise you on whether an offense is a wobbler that could be reduced to a misdemeanor
- Negotiate a plea agreement or pursue dismissal of the charges where appropriate
- Prepare and present a defense at a jury trial if your case goes that far
- Explain the collateral consequences and any path to restoring rights or expungement
If you have received a notice requiring a court appearance, our guide on responding to a court summons explains the process, and our advice on how to choose a lawyer can help you find the right defense attorney for a serious charge.
Frequently Asked Questions
What is the difference between a felony and a misdemeanor?
A felony is the most serious category of crime, generally punishable by more than one year of incarceration, typically in a state or federal prison. A misdemeanor is a less serious offense usually punishable by up to one year in a local jail, along with fines or probation. Felonies also carry heavier long-term consequences, such as the loss of certain civil rights, that misdemeanors usually do not.
How long do you go to prison for a felony?
Felony sentences vary widely depending on the crime, the state, and the defendant's record. By definition, a felony is generally punishable by more than one year of imprisonment, but the actual term can range from just over a year to decades or even life. Many states group felonies into classes or degrees, each with its own sentencing range, and aggravating factors or prior convictions can increase the sentence.
Can a felony be reduced to a misdemeanor?
Sometimes. Certain offenses are "wobblers," meaning the prosecutor or court can treat them as either a felony or a misdemeanor depending on the circumstances. In some states, a felony conviction can later be reduced to a misdemeanor after a defendant successfully completes probation. These options depend on the specific charge and on state law, so an attorney's guidance is essential.
What rights do you lose with a felony conviction?
A felony conviction can lead to the loss of several civil rights and privileges, often called "collateral consequences." These can include losing the right to vote (at least while incarcerated or on supervision), the right to own firearms, eligibility for certain jobs or professional licenses, and access to some public benefits. The specifics vary by state, and some rights can be restored over time or through a legal process.
Can a felony be expunged from your record?
It depends on the state and the offense. Some states allow certain felonies to be expunged or sealed after a waiting period and proof of rehabilitation, while others exclude serious or violent felonies entirely. Eligibility usually requires that the sentence be fully completed, including probation. Because the rules vary so much, it is best to consult an attorney about expungement in your jurisdiction.
State-Specific Information
Felony classifications, sentencing ranges, and expungement rules vary significantly by state. To better understand how criminal and civil matters differ and where felony cases fit, see our overview guide: