The majority of states separate specific criminal offenses down into 2 main categories: felonies and misdemeanors. Determining if a crime is categorized as one particular class or other is dependent upon the possible punishment. In cases where a law prescribes jail time for greater than a year, this is generally regarded as a felony. When the prospective penalty may be for 1 year or less, then that offense is regarded as a misdemeanor.

In certain states, a number of criminal offenses are classified as “wobblers,” so the district attorney can prosecute the crime as a misdemeanor or as a felony.

Actions punishable solely with a fine are generally not regarded as criminal offenses at all, only infractions — for instance, traffic tickets. However law makers at times tag a behavior whose penalty is a fine as a misdemeanor — for example possession of under an ounce of marijuana for personal use in the state of California.