Crimes may be broadly classified or categorized by their subject matter or nature—such as crimes against the person (assault, battery, murder) or crimes against property (criminal trespassing, burglary, robbery, bribery, theft, arson). But the more practical and relevant classification of crimes is by the seriousness or severity of the crime and the related punishment. There are generally four such classifications of crimes: (1) felonies; (2) misdemeanors; (3) felony-misdemeanors; and (4) infractions.
Felonies are the most serious crimes—usually due to the malicious intent required (intent to kill), or the severe result of the crime (loss of life, serious injury, destruction or theft of valuable property)—and include murder, rape, aggravated assault, robbery involving the threat of deadly force (gun, knife), and theft or embezzlement of large amounts of money. In many states and the federal system (jurisdictions) there are different degrees of felonies, depending on the severity of the crime. Depending on the jurisdiction and the specific crime, the punishment for a felony conviction can range from probation to home confinement to the death penalty. Other consequences of a felony conviction include the inability to vote, own a gun, or be eligible for hire in many jobs or careers.
Misdemeanors are less serious crimes than felonies—usually because there is a less malicious intent required to commit the crime, or because the result of the misdemeanor crime is less serious than the result of a felony crime. Misdemeanors are usually punishable by jail time of one year or less, and some misdemeanors are not punishable by any jail time. Misdemeanors may also be punishable by a fine, probation, participation in a rehabilitation program, or community service. Misdemeanors are generally not punishable by prison time. Although jail and prison both include confinement and loss of freedom, there are significant differences in these two systems. Jails are usually operated by cities, counties, and states, and are often less restrictive in their confinement because they house people who have committed less serious crimes. Prisons usually house people who have committed federal crimes, and sometimes more serious state crimes.
Felony-misdemeanors (also known as wobblers) are crimes that the government may choose to prosecute and punish as a felony or as a misdemeanor—depending on the nature and severity of the circumstances of the alleged crime. Although the prosecutor may charge and prosecute such crimes as a felony or as a misdemeanor, the judge generally makes the decision on how the crime will be punished (as a misdemeanor or as a felony), and isn’t constrained by how the prosecutor chose to prosecute the case.
Infractions (also known as violations) are the least serious crimes, and include minor offenses such as motor vehicle offenses (illegal parking, speeding, no turn signal) and jaywalking. Infractions are usually punishable by a fine or completion of a traffic school or defensive driving course.
In North Dakota, crimes are classified based on their severity, with the main categories being felonies, misdemeanors, and infractions. Felonies are the most serious offenses, which can result in severe punishments such as long-term imprisonment, and may include crimes like murder, rape, and grand theft. The consequences of a felony conviction are significant, potentially affecting voting rights, firearm ownership, and employment opportunities. Misdemeanors are less serious than felonies and typically carry a maximum jail sentence of one year or less, often with alternatives such as fines, probation, or community service. North Dakota does not have a distinct 'felony-misdemeanor' category, also known as 'wobblers'; instead, the state's legal system may charge and sentence crimes within the felony or misdemeanor classifications based on the circumstances. Infractions, the least serious offenses, are usually punishable by fines and do not involve jail time. These often include traffic violations and other minor regulatory offenses. It's important to note that the specific statutes and penalties can vary, and an attorney can provide detailed guidance on how the law applies to individual cases.