Felony and misdemeanour
From Common law (United States)
Criminal law
What it means
A traditional division of crimes by seriousness. In the United States a felony is generally a crime punishable by more than a year in prison, and a misdemeanor is a lesser one.
Why it travels badly
England dropped the distinction in 1967, so an English reader may not know it. Civil-law systems use different categories: France has three (crime, délit, contravention), Germany two (Verbrechen and Vergehen). The counts and the lines between them differ.
How other systems say it
felony / misdemeanor
Federal law counts a crime as a felony if the maximum sentence is more than a year. States set their own lines.
indictable, either-way and summary offences
The felony/misdemeanour split was abolished by the Criminal Law Act 1967. Offences are now sorted by the court that can try them.
crime, délit, contravention (art 111-1 Code pénal)
Three levels. A 'crime' is the most serious, tried by the most senior criminal court. A 'délit' is mid-level, and a 'contravention' is minor.
Verbrechen and Vergehen (§ 12 StGB)
A Verbrechen carries a minimum prison sentence of one year, and a Vergehen less.
Tip for translators and students
Do not translate the French 'crime' as 'crime' without care: it means the most serious category only, not any crime.
See the Legal Dictionary entry →
Related: Mens rea and Vorsatz, Prosecutor, Jury and lay judges
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
