For example, in Alaska, a Class A misdemeanor (the most serious) can result in fines of up to $10,000. If the accused pleads guilty to misdemeanor, the charge is "pled down" from felony to misdemeanor, as long as there are no aggravating factors.įines for misdemeanors vary by state and by crime / class of crime. When a wobbler crime has occurred, it is typical for prosecutors to charge it as a felony to use as a bargaining chip with the accused. An assault could be treated as a misdemeanor if no weapons were used.A DUI charge may be treated as a misdemeanor if no one was harmed by the drunk driver.Which crimes are wobblers depends upon the state but some examples include: "Wobbler" is not a legal term but used colloquially because of the nature of the crime. There are other types of felonies that are nonviolent, but considered egregious acts in some other way this includes crimes such as tax evasion, threatening an officer, grand theft, copyright infringement, perjury, mail fraud, and violation of probation or parole.Ĭertain crimes can be prosecuted either as a felony or a misdemeanor, based partly on the discretion of the prosecutor and partly on aggravating factors, e.g. For example, battery and aggravated assault (the verbal threat or attempt of physical violence while brandishing a weapon), the creation/collection/sharing of child pornography, murder or manslaughter, robbery, repeated DUI/DWI convictions, kidnapping, and vehicular homicide are all felonies. Misdemeanors tend to include nonviolent crimes, such as trespassing, petty theft, vandalism, and disorderly conduct, as well as simple assault (the verbal threat or attempt of physical violence without a weapon) and usually several types of drug possession for first-time offenders.Ĭrimes are often classed as felonies when they involve physical violence or actions that cause other extreme psychological harm or indicate extreme negligence. of marijuana, for example, is legal in Washington State, a misdemeanor in Texas, and a felony in Arizona. These differences are especially apparent when it comes to first-time and subsequent drug offenses, where possession of 1 oz. This means the classification of crimes and their related punishments vary wildly by state, and that what is a misdemeanor in one state may be a felony in another. Most states classify their misdemeanors and felonies in some fashion - e.g., "Class A misdemeanor" or "Class B1 felony" - and mete out punishment according to which class a particular crime falls under. In the U.S., states get to define and classify most crimes and their punishments. Classification Differences Between States
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