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 Georgia, criminal offenses are classified into felonies and misdemeanors based on the severity of the crime, consistent with the broader distinction used across the United States. Felonies are the more serious offenses that can result in prison sentences of more than one year, while misdemeanors are less serious crimes with maximum sentences of one year or less, often served in a county jail instead of a state prison. The Georgia General Assembly, which is the state's legislature, determines the classification of crimes under state law. This includes defining the offenses, setting the penalties, and categorizing them as either felonies or misdemeanors. For federal offenses, the United States Congress is responsible for establishing the penalties and classifications. It is important to note that the classification of a particular offense may vary between state and federal law, and an act may be considered a felony under federal law but a misdemeanor under Georgia state law, or vice versa.