Felony vs. Misdemeanor Offenses

Criminal offenses are classified as infractions, felonies or misdemeanors. All three charges are separated by the penalties which may be imposed.

An infraction is the lesser of the three and is not punishable by jail time. Typically a fine is the penalty associated with an infraction. A typical speeding ticket is an example of an infraction. A misdemeanor is typically punishable by up to 12 months in county jail, and a felony is punishable by a minimum of one year in state prison. Some criminal offenses are also classified as "wobblers" which means they may be charged as a felony or misdemeanor, depending upon the particular situation.

Felony offenses are also separate from misdemeanors in that certain violent or serious felony offenses may qualify as a "strike" under the state's three strikes law. Specific crimes which qualify as "strikes" will vary depending upon the state. Most felony offenses are not eligible for expungement as well.

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