3.6. Classifications of Law 
LORE RUTZ-BURRI 
In this section of the chapter, we turn to the various ways that criminal law has been classified. Classification 
schemes allow us to discuss aspects or characteristics of the criminal law. Some classifications have legal 
significance, meaning that how a crime is classified may make a difference in how the case is processed or 
what type of punishment can be imposed. Some classifications historically mattered (had legal significance), 
but no longer have much consequence. Finally, some classifications have no legal significance, meaning the 
classification exists only to help us organize our laws. 
Classifications Based on the Seriousness of the Offense 
Legislatures typically distinguish crimes based on the severity or seriousness of the harm inflicted on 
the victim. The criminal’s intent also impacts the crime’s classification. Crimes are classified as felonies or 
misdemeanors. Certain, less serious, behavior may be classified as criminal violations or infractions. The 
term offense is a generic term that is sometimes used to mean any type of violation of the law, or it is 
sometimes used to mean just misdemeanors or felonies. Although these classification schemes may seem 
pretty straight forward, sometimes states allow felonies to be treated as misdemeanors and misdemeanors to 
be treated as either felonies or violations. For example, California has certain crimes, known as wobblers, 
that can be charged as either felonies or misdemeanors at the discretion of the prosecutor upon consideration 
of the offender’s criminal history or the specific facts of the case. 
The distinction between felonies and misdemeanors developed at common law and has been incorporated 
in state criminal codes. At one time, all felonies were punishable by death and forfeiture of goods, while 
misdemeanors were punishable by fines alone. Laws change over time, and as capital punishment became 
limited to only certain felonies (like murder and rape), new forms of punishment developed.  Now, felonies 
and misdemeanors alike are punished with fines and/or incarceration. Generally, felonies are treated as 
serious crimes for which at least a year in prison is a possible punishment. In states allowing capital 
punishment, some types of murder are punishable by death. Any crime subject to capital punishment is 
considered a felony. Misdemeanors are regarded as less serious offenses and are generally punishable by 
less than a year of incarceration in the local jail. Infractions and violations, when those classifications exist, 
include minor behavior for which the offender can be cited, but not arrested, and fined, but not incarcerated. 
The difference between being charged with a felony or misdemeanor may have legal implications beyond 
the length of the offender’s sentence and in what type of facility an offender will be punished. For example, in 
some jurisdictions, the authority of a police officer to arrest may be linked to whether the crime is considered 
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