Misdemeanor vs. Felony: What's the Difference in Utah?
General information, not legal advice. Read the full disclaimer.
Short answer: Utah doesn't just have two tiers — it has seven, each with its own maximum penalty set directly by statute: infraction (no jail, fine only), class C misdemeanor (up to 90 days), class B misdemeanor (up to 6 months), class A misdemeanor (up to 364 days), third-degree felony (up to 5 years), second-degree felony (1 to 15 years), and first-degree felony (5 years to life). Which tier a charge falls into is usually written directly into the statute defining that specific offense.
Who this guide is for
Anyone trying to understand what a specific Utah charge — an infraction, a class B misdemeanor, a third-degree felony — actually means in terms of real consequences, not just the general "misdemeanor vs. felony" distinction.
Utah's full classification ladder
| Classification | Maximum penalty |
|---|---|
| Infraction | No jail — fine, forfeiture, or disqualification only |
| Class C misdemeanor | Up to 90 days in jail, fine up to $750 |
| Class B misdemeanor | Up to 6 months in jail, fine up to $1,000 |
| Class A misdemeanor | Up to 364 days in jail, fine up to $2,500 |
| Third-degree felony | Up to 5 years in prison |
| Second-degree felony | 1 to 15 years in prison |
| First-degree felony | 5 years to life in prison |
Notice the felony ranges are indeterminate — a judge sets the range, but the actual release date within it is later decided by the Utah Board of Pardons and Parole. See How Utah Sentencing Actually Works for how that process actually functions.
Why 364 days for a class A misdemeanor, not 365?
This one-day gap matters more than it might seem. Under federal immigration law, certain offenses only count as an "aggravated felony" — which can make deportation for a non-citizen close to automatic — if the sentence imposed is one year or more. A sentence of 364 days avoids that federal classification; a sentence of 365 days or more doesn't. Several states have specifically adjusted their misdemeanor maximums to 364 days in recent years for exactly this reason; whether that was Utah's own original motivation isn't confirmed here, but the practical effect is the same regardless of the historical reason behind the number.
What the classification actually determines, beyond the sentence
- Where the case is heard — felony cases generally go through a preliminary hearing (see Utah Preliminary Hearings Explained) that most misdemeanor cases skip.
- Public defender eligibility and process — see Public Defender Eligibility in Utah.
- Expungement waiting periods — Utah's expungement statute sets different waiting periods by classification (class B misdemeanor: 4 years; most other misdemeanors and infractions: 3 years; certain felonies: 5 years; DUI and felony drug trafficking: 10 years). See Utah Expungement Eligibility: What Determines Whether You Qualify for the full table.
- Firearm and voting rights — a felony conviction can trigger restrictions that most misdemeanors don't; see Restoring Your Right to Own a Firearm After a Utah Conviction and Restoring Voting Rights After a Utah Felony Conviction.
How to find out which tier a specific charge falls into
The classification is generally stated directly in the statute defining the offense itself — for example, Utah's theft statute sets the classification by dollar value (see Utah Theft and Shoplifting Charges: Penalties by Value), and its drug possession statute sets it by substance, amount, and prior-conviction count (see Utah Drug Possession Charges: Penalties by Type and Amount). There's no single universal answer — it depends on the specific offense.
Frequently asked questions
Can the same conduct be charged at different classification levels depending on the circumstances?
Yes — many Utah offenses have classification levels that escalate based on specific facts, like the dollar value involved in theft or the number of prior convictions for drug possession, rather than a single fixed classification for the offense generally.
Does a class C misdemeanor or infraction show up on a background check the same way a felony does?
Generally, any conviction can appear on a background check, but the weight employers, licensing boards, and landlords give it commonly differs significantly by classification — a felony is generally treated far more seriously than a class C misdemeanor or infraction.
Is a felony conviction always harder to expunge than a misdemeanor?
Not necessarily faster or slower across the board, but the waiting periods do differ by classification, and certain felonies (like specific violent or sex offenses) are categorically ineligible for expungement regardless of waiting period — see Utah Expungement Eligibility: What Determines Whether You Qualify.