Generally, a felony is charged when the alleged conduct of the defendant is more serious. The technical distinction is one of maximum punishment. If a crime carries a maximum incarceration of one year or less, it is a misdemeanor; more than a year and it rises to a felony. Serious crimes such as murder, rape, arson, robbery, grand larceny, and kidnapping are felonies; petit larceny, minor drug, or marijuana offenses, etc., are misdemeanors. With many crime categories, such as drug offenses, assault, and theft, whether it is a misdemeanor, or a felony depends on the severity of the offense.
