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Key Facts
- No universal ladder: Felony classes and levels are created by each governing jurisdiction and cannot be translated by number or letter alone.
- Federal system: Federal law uses Classes A through E and classifies many otherwise unlettered offenses by their maximum authorized imprisonment.
- State systems differ: Nebraska uses Classes I through IV with subclasses, South Dakota uses Classes A through C and numbered classes, and Colorado uses six ordinary felony classes.
- The offense statute controls: A felony label does not replace the elements, grading provision, enhancements, or offense-specific penalty.
- Sentence ranges are not outcomes: The authorized range and the sentence imposed in a particular case are different questions.
Felony classification is a method for grouping serious crimes by authorized punishment. It is not a nationwide vocabulary: “Class 3,” “Class C,” and “Level 3” can mean different things—or nothing at all—under different codes.
The first task is identifying the sovereign that charged the offense. Federal classifications apply to federal offenses, while each state supplies its own classes, degrees, levels, and sentencing rules.
How felony classes work
A criminal statute typically defines the prohibited conduct and assigns a grade. A separate sentencing statute may then state the ordinary imprisonment and fine range for that class.
Classification helps organize penalties, but exceptions can override a general table.
For the boundary between offense categories, see the felony-versus-misdemeanor overview.
Federal felony classifications
Under 18 U.S.C. § 3559, an offense specifically classified by a letter keeps that classification. If an offense is not letter-classified, § 3559 generally assigns Class A through E according to the maximum authorized prison term.
At the felony end, § 3559 places offenses punishable by life imprisonment or death in Class A, offenses with a maximum of 25 years or more in Class B, and offenses with a maximum of at least 10 but less than 25 years in Class C. The statute continues with Classes D and E for lower felony maximums.
Section 3581 supplies authorized imprisonment terms by federal offense class.
States use different structures
Nebraska Revised Statute § 28-105 lists felony classes including Class I, IA, IB, IC, ID, II, IIA, III, IIIA, and IV. The table assigns each class its own maximum and, where specified, minimum punishment.
South Dakota Codified Laws § 22-6-1 uses Class A, B, and C felonies followed by numbered Classes 1 through 6. Its imprisonment and fine authorizations therefore cannot be inferred from a federal letter or another state’s number.
Colorado’s criminal code states that ordinary felonies are divided into six classes and that drug felonies use separate levels. Colorado § 18-1.3-401 provides date-sensitive presumptive penalty tables for ordinary felony classes.
The Colorado-specific class 3 felony guide illustrates why a state and offense date must accompany the class number.
Virginia Code § 18.2-10 uses Classes 1 through 6 and states punishment rules for each class. Virginia’s Class 3 is not interchangeable with Colorado’s Class 3 merely because both use the same numeral.
Class, degree, and level are not synonyms
Some jurisdictions organize offenses by class, others by degree or level, and some combine systems. A “third-degree felony” in one state is not automatically equivalent to a “Class 3 felony” elsewhere.
Drug offenses may use a separate grid even within the same state. Attempt, conspiracy, solicitation, or accessory liability can also be graded differently from the completed substantive offense.
What a classification does not reveal
The classification alone does not show whether probation is available, whether imprisonment is mandatory, how parole or supervised release works, or whether terms run concurrently or consecutively. It also does not establish the likely sentence.
A charge is an accusation, and the prosecution must prove the elements of the charged offense. A later plea, verdict, dismissal, or judgment may use a different offense or classification than the original charging document.
Collateral consequences can depend on the actual offense and its elements rather than only on the word “felony.” Licensing, immigration, firearms, registration, employment, and record-relief rules require their own governing authorities.
How to identify the controlling class
The system can be identified from the charging jurisdiction, statute citation, subsection, offense date, and grading language. The current version of both the offense statute and the general sentencing provision supplies the legal frame.
Enhancement allegations, prior-conviction findings, victim or weapon findings, and special sentencing statutes can then be checked separately. This preserves the difference between an ordinary class range and an enhanced or mandatory sentence.
Sources
- 18 U.S.C. § 3559 — Sentencing classification of offenses
- 18 U.S.C. § 3581 — Authorized imprisonment terms
- Nebraska Revised Statute § 28-105 — Felony penalties
- South Dakota Codified Laws § 22-6-1 — Felony classes
- Colorado Revised Statutes 2025, Title 18 — Criminal Code
- Virginia Code § 18.2-10 — Felony punishment
