Class E and Level 5 Felonies

Some states classify crimes as Class E (or Level 5) felonies, which are typically less serious than felonies in Classes A, B, C, and D.

What is a Class E Felony?

The states and the federal government classify crimes as misdemeanors or felonies, which are more serious than misdemeanors. Many states further classify felonies into classes or levels, with class A/level one being the most serious. States that follow the felony classification system allocate a sentence, or a sentence range, to each class or level. So, if a crime is described as a “class E felony,” you’d need to read a separate statute on penalties for class E felonies to learn the sentence or sentence range for that crime.

The following states use the “class” system and include class E felonies: Delaware, Michigan, Nevada, New York, North Carolina, South Carolina, Tennessee, and Wisconsin. These states use the “level” system, and include level 5 felonies: Arizona, Colorado, Ohio, South Dakota, and Virginia. See the chart below for more specifics.

In other states, legislators assign a sentence or range for each individual crime.

Because each state has its own penal code and its own view of how much punishment a particular crime deserves, an offense that is a class E/level 5 felony in one state may be considered a class D/level 4 crime in another state.

For more information on felony classification systems, see Felony Classes: Charges and Penalties.

Penalties for felonies can range from one year to life in prison, depending on the crime charged, enhancements and any mitigating circumstances. Several states also levy fines for class E felonies.

State

Felony Classification System

AlabamaA, B, or CAlaskaA, B, or CArizona1, 2, 3, 4, 5, or 6ArkansasY, A, B, C, or DCaliforniaBy crimeColorado1, 2, 3, 4, 5, 6, or unclassifiedConnecticutA, B, C, or D; or unclassified (by crime); different sentencing laws apply for crimes committed before July 1, 1981DelawareA, B, C, D, E, F, or GD.C.By crimeFloridaCapital or life felonies; or felonies of the first, second, or third degreeGeorgiaBy crimeHawaiiA, B, or C; murder classed separatelyIdahoBy crimeIllinoisX, 1, 2, 3, or 4; murder classed separatelyIndianaA, B, C, or DIowaA, B, C, or DKansasGrid systemKentuckyA, B, C, or DLouisianaBy crimeMaineA, B, or CMarylandBy crimeMassachusettsBy crimeMichiganA, B, C, D, E, F, G, or HMinnesotaBy crimeMississippiBy crimeMissouriA, B, C, or DMontanaBy crimeNebraskaClass I, IA, IB, IC, ID, II, III, IIIA, or IVNevadaA, B, C, D, or ENew HampshireA or BNew JerseyIndictable offenses: first, second, third or fourth degreeNew MexicoCapital offenses, first, second, third, or fourth degreeNew YorkA-I, A-II, B, C, D, or ENorth CarolinaA, B1, B2, C, D, E, F, G, H, or INorth DakotaAA, A, B, or COhioFirst, second, third, fourth, or fifth degreeOklahomaBy crimeOregonUnclassified (by crime), A, B, or CPennsylvaniaFirst, second, third degree or unclassified (by crime)Rhode IslandBy crimeSouth CarolinaA, B, C, D, E, or FSouth DakotaClasses A, B,or C; and 1, 2, 3, 4, 5, or 6TennesseeA, B, C, D, or ETexasCapital felonies; first, second or third degree felonies; or state jail feloniesUtahCapital felonies; first, second or third degree feloniesVermontBy crimeVirginia1, 2, 3, 4, 5, 6, or by crimeWashingtonA, B, or CWest VirginiaBy crimeWisconsinA, B, C, D, E, F, G, or IWyomingBy crime