Federal misdemeanors are crimes prosecuted in United States district court that carry a maximum of one year in jail, and they’re organized into three classes based on how much prison time Congress authorized. A conviction can mean up to a year behind bars, fines reaching $100,000, probation lasting up to five years, and a criminal record with almost no path to expungement. The rules, penalties, and procedures differ from state court in ways that surprise people who assume “misdemeanor” means minor.
The Three Classes
Federal law sorts misdemeanors into three tiers by the maximum authorized prison term. If the statute defining a crime doesn’t assign a letter grade itself, the default classifications kick in:1Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses
- Class A: more than six months but no more than one year.
- Class B: more than 30 days but no more than six months.
- Class C: more than five days but no more than 30 days.
Those thresholds matter more than they look. An offense capped at exactly six months falls into Class B, not Class A, because Class A requires more than six months. Class B and C misdemeanors, along with infractions, are grouped together as “petty offenses.”2Office of the Law Revision Counsel. 18 US Code 19 – Petty Offense Defined That label pulls in a simplified procedure and, as covered below, eliminates the jury trial right.
Common Examples
Federal misdemeanors reach a wide range of conduct. Some are crimes you’d expect the federal government to handle; others become federal only because of where they happen or who they involve.
Theft and Trespass on Federal Property
Entering a military installation, naval station, or Coast Guard facility without authorization, or returning after being ordered to leave, carries up to six months in jail as a Class B misdemeanor.3Office of the Law Revision Counsel. 18 USC 1382 – Entering Military, Naval, or Coast Guard Property Stealing government property worth $1,000 or less is a Class A misdemeanor with a one-year cap; once the value exceeds $1,000, the charge becomes a felony punishable by up to ten years.4Office of the Law Revision Counsel. 18 USC 641 – Public Money, Property or Records
Assault
Simple assault within the special maritime and territorial jurisdiction of the United States is a Class B misdemeanor capped at six months. If the victim is younger than 16, the maximum doubles to one year and the offense becomes Class A.5Office of the Law Revision Counsel. 18 USC 113 – Assaults Within Maritime and Territorial Jurisdiction Assaulting a federal officer performing official duties is a separate offense carrying up to one year for simple assault and up to eight years when physical contact or the intent to commit another felony is involved.6Office of the Law Revision Counsel. 18 USC 111 – Assaulting, Resisting, or Impeding Certain Officers or Employees
Willful Failure to File Taxes
Willfully failing to file a federal tax return is a misdemeanor punishable by up to one year in prison and a fine of up to $25,000 for an individual ($100,000 for a corporation).7Office of the Law Revision Counsel. 26 USC 7203 – Willful Failure to File Return, Supply Information, or Pay Tax The word “willfully” does heavy lifting. Forgetting to file or making an honest mistake isn’t a crime; prosecutors have to prove a deliberate choice not to file. More aggressive conduct, such as filing a fraudulent return, is charged as a felony.
Wildlife Offenses
Killing, capturing, or selling a protected migratory bird without a permit violates the Migratory Bird Treaty Act and is a federal misdemeanor with a maximum of six months in prison and a fine up to $15,000.8Office of the Law Revision Counsel. 16 USC Chapter 7, Subchapter II – Migratory Bird Treaty
Traffic Offenses on Federal Land
Speeding, reckless driving, and DUI on federal property routinely become federal misdemeanors. Where Congress hasn’t written a specific federal traffic statute, the Assimilative Crimes Act adopts state criminal law for conduct on federal land and applies it as a federal offense.9Office of the Law Revision Counsel. 18 USC 13 – Laws of States Adopted for Areas Within Federal Jurisdiction A DUI on a military base in a state where DUI carries up to six months results in a federal charge that mirrors the state penalty.
Why a Case Ends Up in Federal Court
Three main triggers push a misdemeanor into federal court.
The first is location. Crimes committed on land the federal government owns or controls fall under federal authority, including military bases, national forests, federal courthouses, and the territorial sea of the United States.10Office of the Law Revision Counsel. 18 USC 7 – Special Maritime and Territorial Jurisdiction of the United States Defined Where no federal statute directly covers the conduct, the Assimilative Crimes Act fills the gap with state law.
The second is victim identity. Assaulting a federal officer engaged in official duties is a federal offense regardless of where it happens, because the federal interest follows the officer rather than the geography.6Office of the Law Revision Counsel. 18 USC 111 – Assaulting, Resisting, or Impeding Certain Officers or Employees
The third is interstate commerce. When conduct crosses state lines or involves goods moving in interstate commerce, federal jurisdiction can attach even to relatively minor offenses.11Legal Information Institute (LII) at Cornell Law School. Criminal Law and the Commerce Clause
What a Conviction Costs
Jail is only one of the tools available to a federal judge sentencing a misdemeanor. Many defendants never serve a day, but the financial and supervisory penalties add up.
Fines
Maximum fines depend on the class and whether the defendant is an individual or organization. Individuals face up to $100,000 for a Class A misdemeanor and $5,000 for Class B or C. Organizations face double: $200,000 for Class A and $10,000 for Class B or C.12Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine Individual statutes sometimes set their own caps. The willful failure-to-file tax offense, for example, tops out at $25,000 rather than the general $100,000 Class A ceiling.
Probation
Federal misdemeanor probation can run up to five years, which surprises people who assume a minor offense means a short leash.13Office of the Law Revision Counsel. 18 US Code 3561 – Sentence of Probation Conditions can include regular check-ins with a probation officer, community service, and restitution to any victim who suffered a financial loss.14Office of the Law Revision Counsel. 18 USC 3563 – Conditions of Probation Violating any condition can send you back before the judge to face the original jail sentence.
Supervised Release
A jail sentence for a Class A misdemeanor can be followed by up to one year of supervised release.15Office of the Law Revision Counsel. 18 US Code 3583 – Inclusion of a Term of Supervised Release After Imprisonment It functions as a federal version of parole, with reporting requirements and restrictions on travel and behavior.
Mandatory Assessment
Every federal conviction carries a mandatory court assessment that the judge cannot waive. For individuals it’s $25 per count for Class A, $10 for Class B, and $5 for Class C.16Office of the Law Revision Counsel. 18 USC 3013 – Special Assessment on Convicted Persons Small individually, but they stack per count and sit on top of any fine.
How the Case Moves Through Court
Federal misdemeanor cases run on a streamlined track compared to felonies, and the details depend on class.
The biggest procedural difference is charging. Felonies generally require a grand jury indictment. Misdemeanors do not. A prosecutor can file a misdemeanor charge by “information,” a written statement of the essential facts, without ever going to a grand jury.17Cornell Law School Legal Information Institute (LII). Federal Rules of Criminal Procedure – Rule 7 – The Indictment and the Information
Jury rights split at the petty-offense line. A Class A misdemeanor carries the right to a jury trial before either a magistrate judge or a district judge. A Class B or C petty offense does not; it’s tried by a magistrate judge sitting alone.18Legal Information Institute (LII) / Cornell Law School. Federal Rules of Criminal Procedure – Rule 58 – Petty Offenses and Other Misdemeanors
You have a right to counsel regardless of the class, and if you can’t afford an attorney, the court must appoint one before it can sentence you to any jail time.19Constitution Annotated, Congress.gov. Amdt6.6.2.2 Modern Doctrine on Right to Have Counsel Appointed Magistrate judges routinely advise misdemeanor defendants of this at their first appearance.
Statute of Limitations
The federal government generally has five years from the date of the offense to bring charges for any non-capital crime, and that covers misdemeanors.20Office of the Law Revision Counsel. 18 US Code 3282 – Offenses Not Capital Five years is longer than the limitations period in many states for comparable offenses, so a year or two of silence doesn’t mean the risk has passed. Some statutes set their own shorter or longer windows, but the five-year default applies to most misdemeanors.
Consequences That Outlast the Sentence
The formal sentence is often the least painful part of a conviction. The lasting damage comes from consequences that follow you long after the case closes.
Firearm Ban for Domestic Violence Convictions
A federal or state misdemeanor conviction for domestic violence permanently prohibits you from possessing any firearm or ammunition. The ban applies to any misdemeanor involving the use or attempted use of physical force against a spouse, former spouse, co-parent, or cohabitant.21Office of the Law Revision Counsel. 18 US Code 922 – Unlawful Acts A state-court misdemeanor assault against a domestic partner triggers the same federal firearms ban. Violating it is itself a felony.
Employment and Security Clearances
Federal misdemeanor convictions appear on FBI background checks and can be reported to employers indefinitely. For jobs requiring a federal security clearance, adjudicators evaluate the conviction on a case-by-case basis, weighing how recent the offense was, its severity, and whether it reflects a pattern. A single old misdemeanor won’t necessarily disqualify you, but it will draw scrutiny, and convictions involving dishonesty or substance abuse carry more weight.
Immigration Consequences
For noncitizens, even a minor federal misdemeanor can trigger inadmissibility or deportation if the offense qualifies as a “crime involving moral turpitude.” That category generally includes crimes with an element of fraud, intent to steal, or intent to cause serious bodily harm. A petty offense exception exists for a single offense carrying a maximum sentence of one year or less where the actual sentence imposed was six months or less, but navigating these rules without an immigration attorney is risky.
Expungement Is Almost Never Available
Federal law offers essentially no path to clearing a misdemeanor conviction. There’s no general federal expungement statute. The one narrow exception is first-time simple drug possession under the Controlled Substances Act: if you were under 21 at the time of the offense, had no prior drug convictions, and successfully completed probation, the court can order all records of the arrest and proceedings expunged.22Office of the Law Revision Counsel. 18 US Code 3607 – Special Probation and Expungement Procedures for Drug Possessors
Everyone else is out of luck. A federal misdemeanor conviction for trespassing, assault, tax violations, or anything outside that narrow drug-possession window stays on your record permanently. State expungement laws do not apply to federal convictions, a distinction people routinely miss. That’s the strongest practical argument for fighting a federal misdemeanor charge rather than pleading guilty to get it over with. A comparable state charge might be sealable in a few years. A federal one usually isn’t, ever.