Classifications of Crimes

The type of criminal offense influences both the substance and procedure of the criminal charge. It’s important to understand the difference between minor offenses, such as infractions, and serious offenses, such as felonies. If you are facing any type of criminal charge, it’s a good idea to seek legal advice from a criminal defense attorney. They can guide you through understanding the charges you face, explain the factors surrounding the case, and ensure that your rights are protected.

Infractions, Misdemeanors, and Felonies

Knowing how these three categories work can help you understand what penalties you might face. Each type of offense brings different consequences that may go beyond your sentence. They can affect your ability to find work, your voting rights, and other important parts of your life.

Infractions

Infractions are the least serious type of crime. In most instances involving an infraction, law enforcement will see someone doing something wrong and write a ticket. The person then has to pay a fine. These fines usually range from $25 to $1,000, depending on where you are and the violation involved.

For example, in Washington State, a Class 4 civil infraction could result in a fine of $25. A more serious Class 1 civil infraction could result in a fine of up to $1,000.

Infractions usually involve little to no time in court and almost no risk of imprisonment. Examples include:

• Traffic offenses
• Seatbelt violations
• Jaywalking
• Littering citations
• Minor drug possession charges (in some states)

If an infraction remains unaddressed or unpaid, fines and other penalties can result.

Misdemeanors

Misdemeanors include crimes like DUIs and DWIs, domestic violence without bodily injury, shoplifting, and criminal mischief. Many states divide misdemeanors into classes, such as Class A, B, and C. Class A offenses are the most serious.

Under federal law, Class A misdemeanors can result in up to one year in jail. Class B and C misdemeanors carry progressively shorter maximum sentences. Jail time is not the only consequence you might face from a misdemeanor offense. A misdemeanor conviction can also mean probation, mandatory counseling or treatment programs, community service, and payments to victims.

Even though misdemeanors are less serious than felonies, you will still have a permanent criminal record. This can create problems when you’re applying for work, professional licenses, renting an apartment, or pursuing educational opportunities. Many employers also run background checks that will show your misdemeanor conviction. This can be especially limiting if you’re applying for jobs that require security clearances or positions where trust is essential.

Felonies

Felony offenses are the most serious type of crime. They are often classified by degree, with a first-degree felony as the most serious and a third-degree felony as the least serious. Felonies typically include violent crimes and serious property crimes, such as:

• Larceny
• Treason
• Arson
• Murder
• Rape
• Robbery
• Burglary
• Kidnapping
• Drug trafficking

Federal law classifies criminal offenses into five classes depending on the amount of prison time you could face. 

• Class A felonies: up to life imprisonment or death
• Class B felonies: 25 years or more
• Class C felonies: less than 25 years but at least 10 years
• Class D felonies: less than 10 years, but at least five years
• Class E felonies: more than one year to less than five years

How states classify felonies varies. Some use degree systems like first-degree, second-degree, and third-degree. Others use alphabetical classes similar to federal law. 

Degrees and Classes of Crimes

States employ two distinct organizational methods for categorizing criminal offenses: degree systems and class systems. These approaches serve different purposes, and jurisdictions may use one, both, or certain elements of both.

Many state laws classify a single criminal act into different degrees. Each degree of crime has different elements that prosecutors must prove to get a conviction.

Let’s use New York assault charges as an example:

• Assault in the third degree requires proof that the defendant intentionally or recklessly caused physical injury. It also applies if they negligently caused physical injury to another using a dangerous instrument or deadly weapon.
• The criminal charge escalates to second-degree assault if the defendant committed the crime against protected persons. These include healthcare workers, first responders, or a minor child.
• First-degree assault is the most serious charge. The law considers whether the person intended to cause serious and permanent disfigurement to another person. First-degree assault also applies when the circumstances of the case show depraved indifference to human life.

As illustrated in this example, the degree system organizes variations of the same crime into levels. Each level requires prosecution to prove increasingly serious factors such as the harm you caused, your intent, the vulnerability of the victim, or the weapon used. The prosecution must prove every element of the degree level to secure a conviction.

Class systems work differently. Instead of levels, they group all offenses into broad categories based on severity, regardless of type. Classifications may be Class A, Class B, and Class C felonies, Class 1, 2, 3, and so on.

In Kentucky, Class D felonies include crimes that are completely unrelated. It includes forgery in the second degree, theft of identity, and wanton abuse or neglect of an adult. These crimes do not share common elements, but they are all considered Class D offenses under Kentucky law. All Class D felonies in Kentucky carry a punishment range of one to five years.

Factors That Determine Degree

While crimes may fall into broad categories like assault, theft, or homicide, most states divide these crimes into degrees or classes. The degree assigned to a charge depends on specific factors that make the crime more or less serious. Understanding these factors helps explain why two similar acts can result in very different criminal cases and penalties.

Premeditation and Mental State

A well-known 1997 case illustrates how a defendant’s mental state can determine the degree of a criminal charge, even when the basic facts aren’t disputed.

In what’s known as the “Nanny Case,” a Massachusetts family hired an 18-year-old au pair to care for their toddler. In early 1997, the au pair allegedly violently shook the toddler and slammed him against the floor. The child died days afterward. There was no question that the nanny caused the death, but the level of homicide charges she faced needed to be determined.

There were three possible charges available for this act:

• First-degree murder required proof of premeditation and “malice aforethought”
• Second-degree murder required proof that she acted with malicious disregard for human life
• Involuntary manslaughter required proof that she acted recklessly but without malice

The jury initially convicted the au pair of second-degree murder, resulting in a mandatory life sentence. However, the judge later reduced the conviction to involuntary manslaughter. In his opinion, the evidence showed her actions were “characterized by confusion, inexperience, frustration, immaturity, and some anger, but not malice.” Her sentence was reduced from life to 279 days.

This case illustrates how the same physical act can result in drastically different charges depending on the defendant’s mental state (or “mens rea“). The degree determination determined whether the nanny would spend 279 days or life in prison.

Use of Weapons

The presence or use of a weapon often elevates a crime to a higher degree. For example:

• Assault without a weapon might be classified as third-degree assault (a misdemeanor in some states)
• Assault with a deadly weapon typically becomes first- or second-degree assault (a felony)

A “deadly weapon” can include firearms, knives, or any object used in a manner likely to cause death or serious bodily harm. Some states also have specific enhancements for certain weapon types, such as firearms or explosives.

The weapon doesn’t need to be used to apply. Possessing or displaying it during the commission of a crime can increase the degree of the crime. For instance, showing a gun during a robbery often elevates the charge from simple robbery to armed robbery, even if the weapon is never fired.

Victim Type and Vulnerability

Crimes committed against certain categories of victims often carry higher degrees and harsher penalties. Protected classes commonly include:

• Law enforcement officers and first responders: Assaulting a police officer is typically a higher-degree felony than assaulting a civilian
• Children: Many states elevate charges when the victim is a minor, particularly for sex crimes and assault
• Elderly or disabled persons: Abuse or theft targeting vulnerable adults often results in enhanced charges
• Certain professionals: Some states have specific protections for teachers, judges, or healthcare workers performing their duties

For example, Minnesota’s assault laws contain five different degrees. Assaulting a correctional officer or judge can elevate what might otherwise be a lower-degree charge to a second-degree assault. This is a felony carrying a penalty of up to seven years in prison.

Aggravating and Mitigating Circumstances

Courts also consider additional factors that may increase (aggravate) or decrease (mitigate) the severity of a charge:

Aggravating factors that may increase the degree include:

• Prior criminal history or repeat offenses
• Committing a crime while on probation or parole
• Particular cruelty in how the crime was committed
• Commission of the crime for hire or for gang-related purposes
• Violation of a protective order

Mitigating circumstances that may reduce the degree include:

• Lack of criminal history
• Acting under duress or coercion
• Mental illness or diminished capacity
• The defendant’s age (particularly for juvenile offenders)
• Cooperation with law enforcement
• Showing genuine remorse or making restitution

These factors give prosecutors and judges flexibility to ensure the charge and punishment fit the specific circumstances of each case. They help the criminal justice system make important distinctions. The system can distinguish between a first-time offender who shows remorse and a repeat offender who shows no regard for the law.

Wobbler Offenses

Some states recognize “wobbler” offenses. These are crimes that prosecutors can charge as either felonies or misdemeanors, depending on the details of the case. This flexibility enables them to consider your individual circumstances rather than applying rigid rules.

Wobbler crimes cover a wide range of offenses, including certain assault charges, vehicular manslaughter, and burglary. When deciding on wobbler offenses, the prosecution considers several factors. These factors include your criminal history, the seriousness of the crime, whether you used a weapon, and the victim’s vulnerability.

How Classifications Affect Your Case

The classification of your charge shapes nearly every aspect of your case. Felony charges often carry higher bail amounts, while misdemeanor charges typically mean lower bail. Classification also sets the maximum possible punishment you could face. Felonies could result in years of imprisonment, life imprisonment, or even the death penalty. In most jurisdictions, a misdemeanor limits your jail time to one year or less in a county jail. 

The consequences of a felony conviction reach far beyond your prison sentence. In every state except Maine and Vermont, you lose your voting rights if you’re convicted of a felony. If and when you get those rights back depends on where you live.

Federal law prohibits some people with felony convictions from owning or possessing firearms or ammunition. This prohibition applies if you have a prior criminal conviction for a crime punishable by more than one year in prison. You may also lose eligibility for certain government benefits and face difficulties when applying for professional licenses. Many employers reject applicants with criminal records. This makes it difficult to find work after serving a prison sentence.

Hiring a Criminal Defense Attorney

The classification of your criminal charge can dramatically affect the possible penalties you may face. It can also affect the long-term consequences. If you are facing a misdemeanor or felony conviction, it is best to seek legal advice as soon as possible. An experienced criminal defense lawyer can help identify potential defenses and negotiate with prosecutors on wobbler offenses.

FindLaw has a directory of criminal defense attorneys organized by location. This directory makes it easier to find the phone number and location of criminal law attorneys near you. Many offer free initial consultations, which can help you understand your options and the steps that you may take afterwards.