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 New York State, criminal offenses are classified into two main categories: felonies and misdemeanors, based on the seriousness of the crime. Felonies are the more serious offenses that can result in prison sentences of more than one year, while misdemeanors are less serious crimes with potential sentences of one year or less. The classification of crimes and the corresponding penalties are determined by state statutes. The New York State Legislature is responsible for defining which offenses fall under each category and setting the penalties for state law violations. Similarly, at the federal level, the United States Congress is tasked with establishing the penalties for federal criminal offenses and determining which crimes are considered felonies and misdemeanors. The distinction between felonies and misdemeanors at both the state and federal levels affects the severity of the punishment and the legal procedures that follow an offense.