What is the difference between a misdemeanor and a felony?

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Accepted Answer

Under Arizona law, the difference between a misdemeanor and a felony is one of classification and severity of punishment.

Classification. Felonies are divided into six categories, class 1 (most serious) through class 6, while misdemeanors are divided into three categories, class 1 through class 3 . A third, lesser category — the petty offense — is not classified at all . Each offense's classification is stated in the statute defining it; an offense declared a felony outside the criminal code without a specified class defaults to a class 5 felony, and an unclassified misdemeanor defaults to class 2 .

Place and length of imprisonment. A misdemeanor sentence is a definite term served somewhere other than in the custody of the state department of corrections — i.e., not state prison . Maximum jail terms are six months for a class 1 misdemeanor, four months for a class 2 misdemeanor, and thirty days for a class 3 misdemeanor . Felonies carry state prison terms; for a first-time felony offender, presumptive sentences range from 1 year for a class 6 felony up to 5 years for a class 2 felony, with class 2 felonies reaching a maximum of 10 years (12.5 years aggravated) . These are first-offense ranges; longer terms apply for repeat offenders under separate statutory escalation tables .

Fines. A felony fine can be up to $150,000 , while misdemeanor fines are capped at $2,500 for class 1, $750 for class 2, and $500 for class 3 (and $300 for a petty offense) .

Additional consequences. A person convicted of a misdemeanor who must serve jail time can be ordered to reimburse the political subdivision for incarceration costs . Misdemeanor repeat offenders can be sentenced at the next higher class if they were convicted of the same offense within the preceding two years .

Overlap (class 6 felonies). In some cases the line is flexible: a class 6 felony that is not a dangerous offense can be treated as a class 1 misdemeanor if the court finds a felony sentence unduly harsh, and certain offenses punishable either way can be charged as misdemeanors by the prosecutor .

In short, felonies are the more serious offenses, carrying potential state prison sentences and much higher fines, while misdemeanors carry shorter local jail terms and smaller fines . For advice about a specific charge, consult a licensed Arizona attorney.