Levels of Misdemeanors By State (2023)

Misdemeanors are classified by the severity of the crime. Each state uses different names for each “level” of a misdemeanor charge. Most misdemeanors are punishable by both a fine and jail time. However, the maximum punishment for jail time is normally one year in a local jail; this is the biggest difference between a felony and a misdemeanor. Although it’s a less serious charge than a felony, misdemeanors can become either infractions or felonies due to the nature of their crime. We’ll go over the various levels of misdemeanor charges, and what kind of punishment usually comes with it.

Misdemeanor Levels

Most misdemeanor crimes are “victimless.” Traffic tickets, disorderly conduct, and petty theft would be some examples of misdemeanors that don’t necessarily have a harmed victim involved. However, the charges can change depending on the nature of the crime.

For example, you’re caught driving under the influence, so you’re charged with a DUI misdemeanor. However, if someone was hurt or you were driving with children in the car, you’d likely receive a felony charge for endangering other people.

Misdemeanors are grouped and classified into different categories to better define the nature of the crime and the punishment. In other words, it helps prosecutors determine how much jail time and what fines you’d receive.

Each state uses different terms to define the severity of a misdemeanor. Here, you can see each state either uses different levels of misdemeanors (Class 1, 2, or 3; and A, B, and C,) or by the severity of the crime.

State	Levels of Misdemeanors (Highest to Lowest)	Most Serious Charge
Alabama	Class A, B, or C	Up to one year in jail and a $6,000 fine
Alaska	Class A, B, or C	Up to one year in jail and a $10,000 fine
Arkansas	Class 1, 2, or 3	Up to one year in jail and a $2,500 fine
Arizona	Class 1, 2, or 3	Up to six months in jail and a $2,500 fine
California	By crime	N/A
Colorado	Class 1, 2, or 3	Up to 18 months in jail and a $5,000 fine
Connecticut	Class A, B, or C	Up to one year in jail and a $2,000 fine
Delaware	Class A or B	Up to one year in jail and a $2,300 fine
DC	By crime	N/A
Florida	First or second degree	Up to one year in jail and a $1,000 fine
Georgia	Misdemeanors of a high and aggravated nature or misdemeanor	Up to one year in jail and a $5,000 fine
Hawaii	Misdemeanor or petty misdemeanor	Up to one year in jail
Idaho	By crime	N/A
Illinois	Class A, B, or C	Up to one year in jail and a $2,500 fine
Indiana	Class A, B, or C	Up to one year in jail and a $5,000 fine
Iowa	Aggravated, serious, or simple misdemeanor	Up to two years in jail
Kanas	Class A, B, or C	Up to one year in jail and a $2,500 fine
Kentucky	Class A or B	Up to one year in jail
Louisiana	By crime	N/A
Maine	Class D or E	Up to one year in jail and a $2,000 fine
Maryland	By crime	N/A
Massachusettes	By crime	N/A
Michigan	By punishment	Up to two years in prison and a $2,000 fine
Minnesota	Gross, regular, or petty misdemeanor	Up to one year in jail and a $3,000 fine
Mississippi	By crime	N/A
Missouri	Class A, B, or C	Up to one year in jail and a $2,000 fine
Montana	By crime	N/A
Nebraska	Class I, II, III, IIIA, IV, or V	Up to one year in jail and a $1,000 fine
Nevada	Gross misdemeanor or misdemeanor	Up to one year in jail and a $2,000 fine
New Hampshire	Class A or B	Less than one year and a $2,000 fine
New Jersey	Disorderly person offense or petty disorderly person offense	Up to six months in jail and a $1,000 fine
New Mexico	Misdemeanor or petty misdemeanor	Less than one year and a $1,000 fine
New York	Class A, B, or unclassified	Up to a year in jail and a $1,000 fine
North Carolina	Class A1, 1, 2, or 3	Up to 150 days in jail
North Dakota	Class A or B	Up to a year imprisonment and a $3,000 fine
Ohio	First, second, third, fourth, or minor misdemeanor	Up to 180 days in jail and a $3,000 fine
Oklahoma	By crime	N/A
Oregon	Class A, B, C, or unclassified	Up to one year in jail and a $6,250 fine
Pennsylvania	First, second, or third misdemeanor	Up to five years in prison and a $10,000 fine
Rhode Island	Misdemeanor or petty misdemeanor	Up to a year imprisonment and a $1,000 fine
South Carolina	Class A, B, or C	No more than 3 years and a $2,500 fine
South Dakota	Class 1 or 2	Up to one year imprisonment and a $2,000 fine
Tennessee	Class A, B, or C	Less than a year in jail and a $2,500 fine
Texas	Class A, B, or C	Up to a year in jail and a $4,000 fine
Utah	Class A, B, or C	Up to a year in jail and a $2,500 fine
Vermont	By crime	N/A
Virginia	Class 1, 2, 3, or 4	Up to one year in jail and a $2,500 fine
Washington	Gross misdemeanor or misdemeanor	Up to 90 days in jail and a $1,000 fine
West Virginia	By crime	N/A
Wisconsin	Class A, B, or C	Up to nine months imprisonment and no more than a $10,000 fine
Wyoming	By crime	N/A

As you can see, some states don’t even use levels to classify misdemeanors. Instead, prosecutors hand out punishments based on which statute and punishment best describe the crime.

What Does Each Level Mean?

As we mentioned, each state uses different terminology and has different punishments for misdemeanor charges. At the federal level (18 U.S.C. § 3559,) there are three misdemeanor levels:

Class A misdemeanor serves more than six months, but never more than a year.
Class B misdemeanor serves more than a month, but never more than six months.
Class C misdemeanor serves more than five days, but never more than a month.

A class A misdemeanor is the most serious misdemeanor offense. This may include a DUI, theft, domestic violence, or assault. If there are more aggravated circumstances involved, the crime could become a felony. In some states, this level of a misdemeanor may be called a gross misdemeanor, an aggravated misdemeanor, or a serious misdemeanor.

The “Wobbler” Offense – Felonies, Misdemeanors, and Infractions

Although prosecutors will try to overexaggerate the nature of the crime, a good defense lawyer can also bring the court back to reality. A “wobbler” offense means a criminal charge can have multiple classifications depending on the state’s penal code. In other words, a misdemeanor offense can become either a felony or infraction based on the circumstances.

Other factors a court may look at when deciding the level of the crime include looking into the extent of the damages, your standing in the community, and any other previous criminal records.

For example, let’s say you’re caught shoplifting a pair of headphones. The prosecutor tries to charge you with a serious misdemeanor. However, because your lawyer was able to show that you have no previous offenses and the headphones were less than $20, you’re instead charged with an infraction.

Also Read: How To Get a Misdemeanor Expunged

Changing The Seriousness of an Offense

Although it seems pretty straightforward to just simply tell the court your side of the story, it’s going to take a lot more than “speaking your truth” to lower misdemeanor charges. The best way to get the level of misdemeanor charges lowered is to work with a quality criminal lawyer. To find a criminal lawyer in your state who can help lower your misdemeanor charges, call MyCaseHelper today.

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