The federal criminal code and the criminal laws of every state divide crimes into two levels, felonies and misdemeanors. Misdemeanors are less serious; typically, they result in a sentence of one year or less, and sentences are served in a jail, not a state prison. Felonies result in state prison time, unless the court has the option to impose probation.
In most states, misdemeanors are further classified according to severity, by classes ("A" being the most severe), or levels ("1" being the most severe); or by descriptive words or phrases (such as "misdemeanor" and "gross misdemeanor"). Each category has a sentence or a sentence range. The purpose of using categories is to make it simple to learn the punishment for any particular crime—the statute defining the crime will also state the class or level of the crime. Knowing this, the reader refers to the sentence or range for that class, and thus learns the potential sentence for that crime. For example, shoplifting might be a class C misdemeanor in a particular state, carrying a possible sentence of up to three months in jail and a fine of $1,000.
Some states, however, do not classify misdemeanors. Instead, they assign a sentence for every misdemeanor crime, right in the statute that defines the crime.
The following states have classified their misdemeanors into classes, levels, or some other ranking system: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin.
For details on each state's misdemeanor ranking system, and examples of crimes that are class C/level 3 misdemeanors, consult the state-specific articles below:
State |
Classification System |
Alabama | A, B, or C |
Alaska | A, B, or C |
Arizona | 1, 2 or 3 |
Arkansas | A, B, or C |
California | By crime; if no punishment specified, up to 6 months, $1,000, or both |
Colorado | 1, 2, 3 or unclassified (by crime) |
Connecticut | A, B, C, or D; or unclassified (by crime) |
Delaware | A or B or unclassified |
D.C. | By crime |
Florida | First or second degree |
Georgia | "Misdemeanors" and "misdemeanors of a high and aggravated nature" |
Hawaii | Petty misdemeanor and misdemeanor |
Idaho | By crime |
Illinois | A, B, or C |
Indiana | A, B, or C |
Iowa | Aggravated, serious, or simple |
Kansas | A, B, C or unclassified (same as C) |
Kentucky | A or B |
Louisiana | By crime |
Maine | D or E |
Maryland | By crime |
Massachusetts | By crime |
Michigan | By term: offenses punishable by incarceration of up to 93 days, or up to one year; and high court misdemeanors |
Minnesota | Gross misdemeanor, misdemeanor, or petty misdemeanor |
Mississippi | By crime |
Missouri | A, B, or C |
Montana | By crime |
Nebraska | I, II, III, IIIA, IV, or V |
Nevada | Gross misdemeanors or misdemeanors |
New Hampshire | A or B |
New Jersey | Disorderly person offense or petty disorderly person offense |
New Mexico | Petty misdemeanor or misdemeanor |
New York | A, B, or unclassified (by crime) |
North Carolina | A1, 1, 2, or 3 |
North Dakota | A or B |
Ohio | First, second, third, fourth, or minor |
Oklahoma | By crime |
Oregon | A, B, C, or unclassified (by crime) |
Pennsylvania | First, second, or third degree |
Rhode Island | Misdemeanor (by crime) or petty misdemeanor (by crime) |
South Carolina | A, B, or C |
South Dakota | 1 or 2 |
Tennessee | A, B, or C |
Texas | A, B, or C |
Utah | A, B, or C |
Vermont | By crime |
Virginia | 1, 2, 3, or 4, or by crime |
Washington | Gross misdemeanor or misdemeanor |
West Virginia | By crime |
Wisconsin | A, B, or C |
Wyoming | By crime |