What Is the Difference Between a Misdemeanor and a Felony?
If you’ve been charged with a crime, one of the first things you’ll hear is whether it’s classified as a misdemeanor or a felony. While both are serious, the difference between these two categories of criminal charges can significantly impact everything from sentencing and fines to future employment and immigration status.
Understanding this distinction isn’t just about legal definitions—it’s about knowing your rights, your risks, and what kind of defense you need. In this blog, we’ll break down the key differences between misdemeanors and felonies, how they’re handled in Illinois courts, and what they mean for your future.
The Basic Difference: Severity and Consequences
In the simplest terms, the difference between a misdemeanor and a felony comes down to severity. Misdemeanors are considered less serious crimes that typically carry less than one year in jail (usually served in county jail). Felonies are more serious offenses and carry more than one year in prison (often served in state prison).
While misdemeanors can result in jail time, fines, probation, and a criminal record, felonies have harsher penalties and longer-lasting consequences—including the loss of civil rights like voting, serving on a jury, or owning firearms.
Misdemeanors in Illinois: Categories and Examples
In Illinois, misdemeanors are divided into three classes.
Class A Misdemeanor
Maximum Penalty: Up to 364 days in jail and/or a fine of up to $2,500.
Examples:
Domestic battery (without aggravating factors)
Possession of under 30 grams of cannabis (before legalization reforms)
Criminal trespass to property
Class B Misdemeanor
Maximum Penalty: Up to 180 days in jail and/or a fine of up to $1,500.
Examples:
Disorderly conduct
Harassment by telephone
Littering on public property
Class C Misdemeanor
Maximum Penalty: Up to 30 days in jail and/or a fine of up to $1,500.
Examples:
Assault (non-aggravated)
Public intoxication
Certain types of minor theft or property damage
In many misdemeanor cases, jail time may be avoided altogether in favor of court supervision, probation, or community service, especially for first-time offenders. However, don’t be fooled into thinking a misdemeanor isn’t serious—any criminal record can impact job prospects, immigration status, housing, and more.
Felonies in Illinois: Classes and Examples
Felonies in Illinois are broken down into five main classes, along with a special category called Class X for the most serious crimes.
Class 4 Felony
Penalty: 1 to 3 years in prison (or probation, in some cases).
Examples:
Aggravated DUI
Possession of a controlled substance (small amount)
Theft over $500 but under $10,000
Class 3 Felony
Penalty: 2 to 5 years in prison.
Examples:
Aggravated battery (with limited factors)
Unlawful possession of a firearm (second offense)
Forgery
Class 2 Felony
Penalty: 3 to 7 years in prison.
Examples:
Burglary
Aggravated domestic battery
Certain drug trafficking charges
Class 1 Felony
Penalty: 4 to 15 years in prison.
Examples:
Criminal sexual assault
Residential burglary
Second-degree murder
Class X Felony
Penalty: 6 to 30 years in prison, mandatory prison time (no probation).
Examples:
Armed robbery
Aggravated criminal sexual assault
Aggravated battery with a firearm
Felony convictions in Illinois come with long-term consequences, including loss of voting rights while incarcerated, potential immigration consequences for non-citizens, and major barriers to employment, housing, education, and professional licensing.
How Charges Are Determined
Whether a crime is charged as a misdemeanor or a felony depends on several factors:
The nature of the offense (violent vs. non-violent)
The value of property involved (especially for theft-related charges)
The use of weapons or force
Injury or harm to others
Prior criminal history
For example, a simple battery may be a misdemeanor—but if it involves serious injury or use of a weapon, it can be elevated to a felony. Theft under $500 may be charged as a misdemeanor, but if the property value exceeds a certain amount—or the accused has prior theft convictions—it may be upgraded to a felony.
Some charges are called “wobblers”, meaning they can be prosecuted as either a misdemeanor or a felony depending on the circumstances. Having a skilled criminal defense attorney can often make the difference in how those charges are filed.
Court Process: Misdemeanor vs. Felony
Misdemeanor cases generally move faster through the court system. After arrest, you’ll usually have a first appearance or arraignment, followed by status hearings or a trial. In many cases, a plea deal is reached early on. You have the right to a trial by judge or jury, although most cases are resolved through negotiations.
Felony cases are more complex. The process often includes:
Preliminary hearing or grand jury indictment
Formal arraignment
Pretrial motions and discovery
Trial or negotiated plea
Sentencing
Felonies can take months to resolve and involve more aggressive prosecution. Because the stakes are so much higher, it’s essential to have a defense lawyer with experience handling felony cases.
Consequences Beyond Jail Time
The impact of a criminal charge doesn’t stop when your sentence ends. Whether you're convicted of a misdemeanor or felony, there are long-term consequences to consider.
Misdemeanor Consequences
Criminal record (visible on background checks)
Loss of employment or difficulty finding a job
Impact on immigration status (for non-citizens)
Difficulty obtaining housing or loans
Possible driver’s license suspension (for DUI, etc.)
Felony Consequences
All of the above, plus:
Loss of the right to vote (during incarceration)
Loss of firearm rights
Ineligibility for certain government programs or benefits
Lifetime sex offender registration (in some cases)
Ineligibility for professional licenses in many fields
Major immigration consequences, including deportation
These “collateral consequences” often last longer than the criminal penalties themselves, making it all the more important to fight charges aggressively from the outset.
Can You Expunge or Seal a Misdemeanor or Felony?
In Illinois, many misdemeanor charges can be expunged or sealed, especially if you weren’t convicted or completed supervision. Some felony offenses are also eligible for sealing, though expungement is more limited.
That said, certain crimes—like DUI, domestic battery, and most sex offenses—cannot be sealed or expunged, even if they were misdemeanors. A defense attorney can help you determine your eligibility and guide you through the expungement or sealing process.
Why the Classification Matters
The difference between a misdemeanor and a felony isn’t just about jail time—it’s about your entire future. Even a low-level misdemeanor can create lasting hurdles, and a felony conviction can change the course of your life forever.
Whether you’ve been charged with a misdemeanor or a felony in Illinois, the most important step you can take is to consult with an experienced chicago criminal defense lawyer who can:
Review the evidence against you
Determine if your charges can be reduced or dismissed
Negotiate for alternatives to jail
Protect your rights in court
Help minimize long-term damage to your record and reputation
At Bernard Law, we defend clients across Illinois facing both misdemeanor and felony charges. We know how prosecutors operate, and we fight aggressively to keep your record clean, your rights protected, and your future intact. Contact us today for a confidential consultation. We’re here to give you the straight answers and strong defense you need.