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, similar to the federal system. 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 are less serious crimes, 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. The classification affects various aspects of the criminal justice process, including sentencing, the possibility of expungement, and the rights of the convicted individual. For federal offenses, the United States Congress has the authority to set penalties and classify crimes as either felonies or misdemeanors.