Browse all criminal charges

Overview of Criminal Charges in the United States

Criminal charges in the United States fall into three broad categories: infractions, misdemeanors, and felonies. Whether someone is facing a minor traffic violation or a serious federal offense, understanding the full landscape of criminal charges is essential for defendants, legal professionals, students, and anyone who wants to know how the justice system classifies unlawful behavior.

This comprehensive guide organizes all major criminal charges by category, explains how they differ in severity, and outlines the potential consequences associated with each type.

How criminal charges are classified

Every criminal charge in the U.S. is classified based on its severity. The classification determines where a case is tried, what penalties apply, and whether the offense appears on a permanent criminal record. Understanding these distinctions is the first step in navigating the criminal justice system.

Infractions

Infractions are the least serious type of offense. They typically do not result in jail time and are resolved by paying a fine. Common examples include speeding tickets, jaywalking, and minor building code violations. In most jurisdictions, infractions do not give the accused a right to a jury trial or a court-appointed attorney.

Misdemeanors

Misdemeanors are more serious than infractions but less severe than felonies. They are generally punishable by up to one year in a county or local jail, community service, probation, or fines. Many states further divide misdemeanors into classes or degrees, such as Class A (most serious) through Class C (least serious).

Felonies

Felonies represent the most serious category of criminal offenses. Convictions can lead to more than one year in state or federal prison, substantial fines, and long-term consequences like the loss of voting rights, firearm ownership, and professional licenses. Felonies are also typically divided into classes or degrees based on severity.

Violent crimes

Violent crimes involve the use of force or the threat of force against another person. These offenses are among the most severely prosecuted in the criminal justice system and frequently carry lengthy prison sentences.

Homicide charges

Homicide charges vary based on intent, premeditation, and circumstances. First-degree murder requires premeditation and deliberation, while second-degree murder involves intentional killing without prior planning. Manslaughter charges apply when a death occurs without malice aforethought, either through reckless behavior (involuntary) or in the heat of passion (voluntary). In the most severe cases, some states impose the death penalty for first-degree murder convictions.

Assault and battery

Assault refers to the threat of bodily harm, while battery involves actual physical contact. Simple assault is typically charged as a misdemeanor, but the charge escalates to aggravated assault (a felony) when a deadly weapon is used or serious bodily injury results. Many states combine assault and battery into a single charge.

Robbery and kidnapping

Robbery is theft accomplished through force or intimidation. When a weapon is involved, the charge becomes armed robbery, which carries significantly harsher penalties. Kidnapping involves unlawfully seizing, confining, or carrying away another person and is always prosecuted as a felony.

Property crimes

Property crimes involve the taking of or damage to someone else's property without the use or threat of force against the victim. These offenses range from minor misdemeanors to serious felonies, depending on the value of the property and the circumstances involved.

Theft and larceny

The distinction between petty theft and grand theft depends on the value of the stolen property. Most states set the threshold between $500 and $1,000. Items valued below the threshold result in misdemeanor charges, while items above it lead to felony prosecution.

Burglary

Burglary is the unlawful entry into a building with the intent to commit a crime inside. It does not require that anything actually be stolen. First-degree burglary typically involves a residence or an occupied building, while second-degree burglary applies to commercial structures or unoccupied buildings.

Arson and vandalism

Arson involves intentionally setting fire to property. It is always a felony and carries even heavier penalties when people are inside the structure or when the fire results in injury. Vandalism involves the deliberate destruction or defacement of property and can be charged as either a misdemeanor or felony based on the amount of damage caused.

Drug and narcotics offenses

Drug crimes are among the most commonly prosecuted offenses in both state and federal courts. Charges vary based on the type of substance, the quantity involved, and whether the defendant possessed, manufactured, or distributed the drugs.

Drug schedules and their impact on charges

Both federal and state laws classify controlled substances into schedules based on their potential for abuse and accepted medical use. Schedule I substances (heroin, LSD, ecstasy) carry the harshest penalties, while Schedule V substances (certain cough medicines) carry the lightest. It's worth noting that marijuana laws vary dramatically across the states, with many states legalizing or decriminalizing possession despite its federal Schedule I classification.

• Schedule I: High abuse potential, no accepted medical use (heroin, LSD, marijuana at the federal level)
• Schedule II: High abuse potential with accepted medical use (cocaine, methamphetamine, fentanyl, oxycodone)
• Schedule III: Moderate abuse potential (anabolic steroids, ketamine, testosterone)
• Schedule IV: Lower abuse potential (Xanax, Valium, Ambien)
• Schedule V: Lowest abuse potential (cough preparations with codeine)

Mandatory minimum sentences

Federal drug trafficking charges often carry mandatory minimum sentences. For example, trafficking 500 grams or more of cocaine triggers a mandatory minimum of 5 years in federal prison, while 5 kilograms or more triggers a 10-year mandatory minimum. These minimums limit judicial discretion during sentencing.

White-collar and financial crimes

White-collar crimes are non-violent offenses committed for financial gain, typically in business or professional settings. Despite the absence of physical violence, these charges can carry severe penalties, including lengthy prison sentences and restitution orders worth millions of dollars.

Fraud charges

Fraud is one of the broadest categories of white-collar crime. It involves intentional deception for personal or financial gain. Wire fraud and mail fraud are federal offenses that carry up to 20 years in prison per count, and sentences can increase to 30 years if the fraud targets a financial institution.

Identity theft

Federal identity theft charges carry a mandatory minimum sentence of 2 years in prison, served consecutively (not concurrently) with any other sentence. Aggravated identity theft, which involves using a stolen identity in connection with certain felonies, adds an additional 2 years automatically.

Money laundering and tax evasion

Money laundering involves disguising the origins of illegally obtained money, typically by passing it through legitimate businesses or financial transactions. Tax evasion, by contrast, involves deliberately misrepresenting or concealing information to reduce tax liability. Both are federal felonies with significant prison terms.

Sex crimes

Sex crimes encompass a wide range of offenses involving unlawful sexual conduct. Convictions often result in prison time, sex offender registration requirements, and lifelong restrictions on where the individual can live and work.

Sex offender registration

In all 50 states, individuals convicted of qualifying sex crimes must register as sex offenders. Registration periods range from 10 years to a lifetime requirement, depending on the severity of the offense and the state where the conviction occurred.

DUI and traffic offenses

Driving under the influence (DUI) and related traffic offenses are among the most commonly charged crimes in the country. While first-time DUI offenses are often misdemeanors, repeat offenses and those involving injury or death can escalate to felonies. Those facing DUI charges should understand the potential cost of hiring a DUI lawyer to mount an effective defense.

BAC thresholds and enhanced penalties

Every state sets the legal blood alcohol concentration (BAC) limit at 0.08% for drivers 21 and older. However, many states impose enhanced penalties for "high BAC" levels, typically 0.15% or above. Commercial drivers face a lower threshold of 0.04%, and drivers under 21 are subject to zero-tolerance laws with limits as low as 0.00% to 0.02%.

Crimes against public order

Public order crimes disrupt the peace, safety, or moral standards of a community. While many of these offenses are misdemeanors, some can be charged as felonies under certain circumstances.

Resisting arrest and obstruction

Resisting arrest can be charged as either a misdemeanor or a felony. Passive resistance, such as going limp, is typically a misdemeanor. Active resistance involving violence or threats against law enforcement can result in felony charges. Obstruction of justice encompasses a broader range of conduct, including hiding evidence, intimidating witnesses, or lying to investigators.

Weapons offenses

Weapons charges cover the illegal possession, sale, use, or manufacturing of firearms and other deadly weapons. These laws vary significantly from state to state, but federal weapons charges carry uniform penalties nationwide. Some states have enacted stand your ground laws that affect how self-defense claims interact with weapons charges.

Federal firearms enhancements

Using a firearm during the commission of a federal crime of violence or drug trafficking offense triggers mandatory consecutive sentences under 18 U.S.C. § 924(c). The penalties escalate based on how the firearm was used during the offense.

Cybercrimes

Cybercrimes involve the use of computers, networks, or digital technology to commit illegal acts. As technology evolves, so does this growing category of criminal charges. Most cybercrimes are prosecuted at the federal level.

Related articles

Criminal defense attorney cost

Miranda Rights and the Fifth Amendment

Prostitution Charges

Arraignment

What Distinguishes a Misdemeanor From a Felony?

Homicide

Misdemeanors

What Is an Indictment?

Second Degree Murder Overview

Writ of Habeas Corpus