This submission was provided by a guest blogger. Updated: 2025
The legal systems of Canada and the United States classify criminal offences differently. While the U.S. uses terms like “felony” and “misdemeanor,” Canada categorizes offences as summary, indictable, or hybrid. This article delves into these classifications, providing clarity on their definitions, legal implications, and the importance of understanding these distinctions.
What is the Difference Between “Felony” and “Misdemeanor” in the US?
- Misdemeanors: Less severe offences like petty theft, typically resulting in shorter jail terms or fines are considered misdemeanors. The U.S. federal government generally considers all crimes where the maximum sentence is one year or less a misdemeanor. Depending on the state, misdemeanors will have different classifications and will be subject to differing penalties.
Felonies: More serious crimes are classified as felonies. A felony includes crimes like murder, terrorism, cocaine trafficking, etc. Felony crimes can be punishable by life or in certain states capital crimes are punishable by death. The many states will also classify their felonies differently and the punishments are usually ties to class of felony.
Felony Classifications under United States Federal Law
Class A
The maximum punishment for a class A felony can be, in certain cases of murder, treason, espionage or mass trafficking of a drug, a life sentence or death. The maximum fine is $250,000 and the maximum supervised release term is five years.
Class B
These offences carry maximum punishments of twenty-five years or more, fines of up to $250,000 and the maximum supervised release term of five years.
Class C
Sentences in this class range from ten years to less than twenty-five years, fines up to $250,000 and the maximum supervised release is up to three years.
Class D
A Class D felony will provide a sentence between five and ten years, a maximum fine of $250,000 and up to three years of supervised release.
Class E
This type of felony involves a sentence between one and five years, a maximum fine of $250,000 and up to one year of supervised release.
Does Canada have felonies?
Canada does not use the terms “felony” or “misdemeanor” in its legal system. These are American legal terms. Instead, Canada classifies criminal offences into three categories:
- Summary Conviction Offences (less serious)
- Indictable Offences (more serious)
- Hybrid Offences (which can be either, depending on how the Crown proceeds)
That said, indictable offences in Canada are broadly equivalent to felonies in the United States, and summary offences are comparable to misdemeanours. But it’s important to note these terms are not legally interchangeable — the Canadian justice system has its own distinct framework and terminology.
Offence Classifications in Canada
In Canada, the available punishments do not differ by province. The available sentences are the same across the country. Canadian law does not have misdemeanors and felonies. The criminal justice system defines three types of offences: Summary (Including Super-Summary), Indictable, and Hybrid.
Summary Offences
- Less serious offences (e.g., causing a disturbance, simple assault).
- Maximum penalty: $5,000 fine and/or two years less a day in jail.
- Must be prosecuted within 12 months of the offence.
For these matters, you have no choice of mode of trial but will automatically have a trial in the Ontario Court of Justice judge alone.
Indictable Offences
- Serious crimes (e.g., murder, robbery).
- No statute of limitations; can be prosecuted at any time.
- Penalties can include life imprisonment.
Indictable offences capture crimes such as murder, manslaughter, robbery, extortion, cocaine trafficking and other serious crimes. The maximum sentence available in Canadian law is a mandatory sentence for first-degree murder of life imprisonment without parole for twenty-five years. Crimes such as robbery have a maximum life sentence, however, this sentence is rarely imposed. Some indictable crimes also have mandatory minimums such as robbery with a firearm (minimum five-year prison sentence if convicted).
All indictable offences (except for certain absolute jurisdiction offences) give an accused the right to choose a preliminary inquiry and elect to have a judge alone or jury trial. Murder trials are always jury trials unless the Crown and Defence consent or a special motion is argued successfully before a judge
Hybrid Offences
- Offences that can be prosecuted as either summary or indictable, depending on the Crown’s decision (e.g., assault).
- The choice affects the severity of the penalty and the legal process.
A large amount of offences are hybrid. The Crown gets to choose how to proceed when the charge is hybrid. The Crown can choose (elect) to proceed by indictment or summary. Many hybrid offences are “super-summary” meaning that they carry a maximum sentence of two years less a day. Some examples of super summary offences are assault bodily harm and criminal harassment.
Legal Consequences of a Criminal Offence in Canada: Frequently Asked Questions
Will I Get a Criminal Record if I’m Convicted of an Offence in Canada?
A conviction, regardless of the offence type, results in a criminal record, which can affect employment opportunities, travel, and immigration status. For non-Canadian citizens, certain convictions can lead to deportation or inadmissibility.
Can I Remove a Criminal Offence From My Record in Canada?
In Canada, you may be eligible to apply for a record suspension (formerly known as a pardon) through the Parole Board of Canada, depending on the nature of your offence and the time elapsed since sentencing.
Do Youth Offenders Face the Same Criminal Charges as Adults in Canada?
When a person between the ages of 12 and 17 is charged with a crime, they are dealt with under the Youth Criminal Justice Act (YCJA) rather than the Criminal Code alone. This legislation recognizes that young people have different needs and levels of accountability, placing a greater focus on rehabilitation, reintegration, and education rather than punishment. Youth trials are typically handled in specialized courts, and sentences are generally less severe than those for adults. Still, a youth record can impact future opportunities, including employment, education, and travel, so it’s not something to take lightly.
Looking for a Criminal Defence Lawyer in Toronto? Weisberg Law Can Help.
Understanding your legal rights is crucial. If you’re facing criminal charges or have concerns about your legal rights and record, you need the support of an experienced criminal defence lawyer in Toronto. At Weisberg Law Criminal Lawyers LLP, we provide strategic, compassionate, and results-driven representation for clients navigating the complexities of the Canadian justice system. From minor offences to serious indictable charges, we’re here to protect your rights and fight for your future, contact us today.