What is the difference between a felony and a misdemeanor?

The standard dividing line in most US jurisdictions is potential punishment: a felony is an offense punishable by more than one year of incarceration, typically in state prison, while a misdemeanor carries a maximum of a year or less, usually served in county jail if at all. Many states subdivide further into classes or degrees, and some add a lesser tier of infractions or violations, minor offenses like most traffic tickets, punishable only by fines and carrying no jail exposure. Note that the classification follows the maximum sentence authorized, not the sentence actually imposed, so a felony conviction with probation is still a felony.

The lasting difference is collateral consequences, which often outweigh the sentence itself. A felony conviction can restrict firearm possession, jury service, and eligibility for certain professional licenses, public benefits, and housing, and it affects voting rights in ways that vary sharply by state, with some restoring rights automatically on release and others imposing longer restrictions. Immigration consequences for non-citizens can be severe and turn on federal categories rather than state labels. Employers routinely ask about felony convictions, though ban-the-box laws in many states delay when they can. Both categories may be expungeable or sealable depending on state law, offense, and time elapsed, which is genuinely worth exploring with a lawyer or a legal aid office rather than assuming it is impossible.