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misdemeanor vs felony

What's the difference between misdemeanor and felony? Here's the clear answer, with examples of each.

Quick answer

A misdemeanor is a lesser criminal offence, usually met with a fine or a short sentence, while a felony is a serious crime that can bring at least a year in prison. Shoplifting a candy bar might be a misdemeanor; burglary is typically charged as a felony.

The core difference

A misdemeanor is a minor crime with lighter penalties, while a felony is a serious crime with much harsher ones.

  • misdemeanor — a minor criminal offence, less serious than a felony: Shoplifting a candy bar was charged as a misdemeanor rather than a felony.
  • felony — a serious crime, typically punishable by at least a year in prison: Burglary is charged as a felony in most states.

How to tell them apart

The simplest test is the likely punishment. If the offence would draw a fine or a short spell in a local jail, it sits in misdemeanor territory. If it could mean a year or more in prison, it is treated as a felony.

These terms come up constantly in news reports on court cases, where the charge itself signals how seriously the crime is being treated. Note that this is American legal terminology; England and Wales use different classifications, such as summary and indictable offences, rather than misdemeanor and felony.

Frequently asked questions

What is the main difference between a misdemeanor and a felony?
A misdemeanor is a minor offence usually punished with a fine or short sentence, while a felony is a serious crime typically punishable by at least a year in prison.
Is shoplifting a misdemeanor or a felony?
Minor shoplifting, such as taking a low-value item, is commonly charged as a misdemeanor rather than a felony.
Are misdemeanor and felony used in British law?
These terms are American; British law uses different categories, such as summary and indictable offences.