Class E and Level 5 Felonies

Some states classify crimes as Class E (or Level 5) felonies, which are typically less serious than felonies in Classes A, B, C, and D.

What is a Class E Felony?

The states and the federal government classify crimes as misdemeanors or felonies, which are more serious than misdemeanors. Many states further classify felonies into classes or levels, with class A/level one being the most serious. States that follow the felony classification system allocate a sentence, or a sentence range, to each class or level. So, if a crime is described as a “class E felony,” you’d need to read a separate statute on penalties for class E felonies to learn the sentence or sentence range for that crime.

The following states use the “class” system and include class E felonies: Delaware, Michigan, Nevada, New York, North Carolina, South Carolina, Tennessee, and Wisconsin. These states use the “level” system, and include level 5 felonies: Arizona, Colorado, Ohio, South Dakota, and Virginia. See the chart below for more specifics.

In other states, legislators assign a sentence or range for each individual crime.

Because each state has its own penal code and its own view of how much punishment a particular crime deserves, an offense that is a class E/level 5 felony in one state may be considered a class D/level 4 crime in another state.

For more information on felony classification systems, see Felony Classes: Charges and Penalties.

Penalties for felonies can range from one year to life in prison, depending on the crime charged, enhancements and any mitigating circumstances. Several states also levy fines for class E felonies.  

State

Felony Classification System
Alabama A, B, or C
Alaska A, B, or C
Arizona 1, 2, 3, 4, 5, or 6
Arkansas Y, A, B, C, or D
California By crime
Colorado 1, 2, 3, 4, 5, 6, or unclassified
Connecticut A, B, C, or D; or unclassified (by crime); different sentencing laws apply for crimes committed before July 1, 1981
Delaware A, B, C, D, E, F, or G
D.C. By crime
Florida Capital or life felonies; or felonies of the first, second, or third degree
Georgia By crime
Hawaii A, B, or C; murder classed separately
Idaho By crime
Illinois X, 1, 2, 3, or 4; murder classed separately
Indiana A, B, C, or D
Iowa A, B, C, or D
Kansas Grid system
Kentucky A, B, C, or D
Louisiana By crime
Maine A, B, or C
Maryland By crime
Massachusetts By crime
Michigan A, B, C, D, E, F, G, or H
Minnesota By crime
Mississippi By crime
Missouri A, B, C, D, or E
Montana By crime
Nebraska Class I, IA, IB, IC, ID, II, III, IIIA, or IV
Nevada A, B, C, D, or E
New Hampshire A or B
New Jersey Indictable offenses: first, second, third or fourth degree
New Mexico Capital offenses, first, second, third, or fourth degree
New York A-I, A-II, B, C, D, or E
North Carolina A, B1, B2, C, D, E, F, G, H, or I
North Dakota AA, A, B, or C
Ohio First, second, third, fourth, or fifth degree
Oklahoma By crime
Oregon Unclassified (by crime), A, B, or C
Pennsylvania First, second, third degree or unclassified (by crime)
Rhode Island By crime
South Carolina A, B, C, D, E, or F
South Dakota Classes A, B,or C; and 1, 2, 3, 4, 5, or 6
Tennessee A, B, C, D, or E
Texas Capital felonies; first, second or third degree felonies; or state jail felonies
Utah Capital felonies; first, second or third degree felonies
Vermont By crime
Virginia 1, 2, 3, 4, 5, 6, or by crime
Washington A, B, or C
West Virginia By crime
Wisconsin A, B, C, D, E, F, G, or I
Wyoming By crime

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