Criminal offenses under state and federal laws are generally categorized by the seriousness of the crime as felonies (more serious) or misdemeanors (less serious). Felonies are offenses that generally may result in prison sentences of more than one year, and misdemeanors carry sentences of one year or less. The United States Congress sets the penalties for all federal criminal offenses, and thus decides which criminal offenses are felonies and which are misdemeanors. And the state legislature in each state decides which criminal offenses are felonies and which are misdemeanors under state law.

In California, criminal offenses are classified into felonies, misdemeanors, and infractions, with felonies being the most serious category. Felonies can lead to imprisonment for more than one year, typically in state prison, and may also include fines and other penalties. Misdemeanors are less serious offenses that can result in imprisonment for up to one year, usually in a county jail, and may also involve fines. Infractions are the least serious offenses and usually result in a fine without jail time. The California Legislature determines the classification of state offenses and the associated penalties. For federal offenses, the classification and penalties are established by the United States Congress. Federal felonies and misdemeanors are defined by the severity of the punishment, with felonies carrying potential sentences of more than one year in federal prison, while misdemeanors have a maximum sentence of one year or less.