Three Classifications of Crimes: Felony, Misdemeanor, and Infraction

In the United States, crimes can be categorized into 3 classifications based on their severity: (1) felony, (2) misdemeanor, and (3) infraction.

1. Felony

Definition of Felony:

A felony is a crime of high seriousness and can be punished by imprisonment for over one year or, in some cases, death. Offenders who have committed felonies are usually sent to federal or state prisons instead of county jail.

On top of that, immigrants that are convicted of a felony and who are not U.S. citizens may face deportation with or without finishing imprisonment first. For certain gravely serious crimes, an individual who has been deported may not be able to return to the United States for life.  

Examples of felonies:

Some examples of felonies include:

Murder	Manslaughter	Arson	Forgery	Black Mail	Robbery
Aggravated Assault	Aggravated Battery	Animal Cruelty	Impersonate a Federal Agent	Obstruction of Justice	Child Pornography
Extortion	Tax evasion	Fraud	Perjury	DUI	Embezzlement
Cyber Crime	Rape	Kidnapping	High Speed Chase	Burglary	Drug Abuse

The Three Strike Law

Under the Violent Crime Control and Law Enforcement Act of 1994, the federal government and state governments may impose life imprisonment on an offender who has been convicted of serious violent felony for three times.

2. Misdemeanor

Definition and Classes:

A misdemeanor is generally defined as a criminal offense that is punishable by incarceration for one year or less. In most states, misdemeanors are categorized into (1) gross (high) misdemeanors, (2) ordinary misdemeanors, and (3) petty misdemeanors, based on the seriousness of offense.

At the federal level, misdemeanors are separated into Class A, Class B, and Class C based on the jail time punishable for the offense.

Class A federal misdemeanors	6 months to a year in jail
Class B federal misdemeanors	30 days to 6 months in jail
Class C federal misdemeanors	5 to 30 days in jail

Examples of Misdemeanors

Depending on the states, common examples of misdemeanors include:

Prostitution	Disorderly Conduct	Petty Theft
Public Intoxication	DUI	Indecent Exposure
Assault and Battery	Vandalism	Shoplifting

Possible Penalties for Misdemeanors

In most cases, a misdemeanor can be punished by up to 12 months of incarceration in a local jail and, sometimes, fines. However, there are several states that permit longer incarceration of up to a few years.

Aside from states like Pennsylvania, where misdemeanor offenders can be sent to state prisons for incarceration, most states keep the offenders of misdemeanors in local jails.

• Jails are run by local governments for short-term incarcerations.
• Prisons are run by states for long term sentences.

Alternatives to Jail

Not everyone convicted of misdemeanor goes to jail. In fact, many people avoid incarceration altogether. Probation, community service, and restitution are common alternatives to jail when it comes to sentencing.

Expunging and Avoiding Criminal Records

Having criminal records can seriously affect one’s job and educational opportunities. Fortunately, some states offer criminal expunge laws, which permit removal of arrest, charge and convictions of a misdemeanor from one’s criminal record if certain requirements are met.

Another way to avoid criminal record is through the pretrial diversion, where eligible offenders are offered programs to complete in exchange for expunge of charge and arrest records.

Wobbling

In some states, certain crimes are categorized into wobblers. A wobbler is a crime that can either be a felony or misdemeanor, depending on how the prosecutor charges the crime and how the judge adjudicates the case. The common factors that would be considered in the process of wobbling include the criminal history of the defendant and the circumstances around the crime.

3. Infraction

Definition of Infraction

Infraction, also known as petty offense, is a violation of the laws that are less serious than a misdemeanor, such as administrative regulation or traffic rule. In most of the jurisdictions, an infraction is not regarded as a crime and is usually only punishable by fines or other regulatory actions, such as revocation of a license.

Due to the fact that offenders of infraction rarely face jail or prison time as punishments, an infraction trial typically does not entitle offenders to a jury trial.  

Examples of Infraction

Depending on the jurisdictions, common examples of misdemeanors include:

Littering	Unlicensed Fishing	Minor Traffic Violations
Jaywalking	Unlicensed Business	Building-Code Violations

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