What distinguishes a misdemeanor from a felony?
Each state has a body of criminal law that categorizes certain offenses as felonies and others as misdemeanors.

The federal government and most states classify a felony as a crime that carries a minimum sentence of more than one year. A misdemeanor is an offense punishable by a sentence of one year or less. Some states draw the line based on the place of possible confinement. If incarceration is in the state prison, the offense is a felony. If the offense is punishable by a term in a county jail or a state facility other than a prison or a reformatory, it is a misdemeanor.

Felonies are more serious crimes than misdemeanors. Robbery, kidnapping, sexual assault, and murder are examples of felonies. Public drunkenness, resisting arrest, and simple battery are misdemeanors. Depending on the degree of the offense, however, the same offense might be either a misdemeanor or a felony. Petty larceny (stealing an item worth less than the dollar amount specified in the relevant state legislation) is a misdemeanor. Over that amount, the offense is grand theft (a felony). Similarly, the first offense of driving under the influence of drugs or alcohol may be a misdemeanor. After a certain number of convictions for that same offense, the state may prosecute the next violation as a felony.