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 Virginia, 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 imprisonment for more than one year, and in some cases, may even lead to life imprisonment or the death penalty. Misdemeanors in Virginia are less serious crimes and are punishable by up to 12 months in jail, a fine, or both. The Virginia General Assembly determines the classification of state crimes and the associated penalties. For federal offenses, the United States Congress establishes the classifications and penalties, determining which crimes are considered felonies and misdemeanors at the federal level. Both state and federal laws are subject to change, so it is important to consult current statutes or an attorney for the most up-to-date information.