Whether malfeasance is a felony or a misdemeanor depends entirely on the specific offense a prosecutor files, because malfeasance itself is not a criminal charge. It describes intentional wrongdoing by someone in a position of authority or trust, and the classification turns on the statute violated, the dollar amount involved, and the harm caused. A public official who accepts a bribe faces a federal felony carrying up to 15 years in prison. An official who commits a lower-level abuse of authority might face only misdemeanor penalties capped at one year behind bars.
Why There Is No Single Answer
Malfeasance refers to an intentional act that is unlawful or that exceeds a person’s lawful authority. The word comes up most often in connection with public officials and corporate officers, but it can apply to anyone who holds a position of trust and deliberately abuses it. A mayor steering a city contract to a family member, a police officer fabricating evidence, or a corporate executive cooking the books to mislead shareholders all fall under the umbrella.
The key ingredient is intent. Making an honest mistake while carrying out official duties is not malfeasance. Neither is doing a lawful task poorly. Malfeasance requires knowingly doing something you had no legal right to do, often for personal gain or with corrupt purpose. Because it describes a type of conduct rather than a single crime, prosecutors don’t file a charge labeled “malfeasance.” They charge the underlying act, whether that is bribery, embezzlement, fraud, or deprivation of civil rights. The classification question therefore collapses into a different one: what did the person actually do, and under which statute?
Under federal law, any offense carrying more than one year of imprisonment is a felony. Anything with a maximum of one year or less is a misdemeanor.1Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses That one-year line is the dividing wall every malfeasance-related offense sits on one side of.
When Malfeasance Is Charged as a Felony
Most acts of malfeasance that make headlines land in felony territory, because they involve large sums of money, serious harm, or a deep betrayal of public trust.
Bribery
Federal bribery is the clearest example. Under 18 U.S.C. § 201, a public official who demands or accepts something of value in exchange for being influenced in an official act faces up to 15 years in prison, a fine of up to three times the value of the bribe, and disqualification from holding federal office.2Office of the Law Revision Counsel. 18 USC 201 – Bribery of Public Officials and Witnesses A 15-year maximum puts bribery well into felony range.
Embezzlement Over $1,000
Federal law draws a bright line for theft or embezzlement of government money and property. When the total value exceeds $1,000, the offense carries up to 10 years in prison, which places it firmly in felony territory.3Office of the Law Revision Counsel. 18 USC 641 – Public Money, Property or Records The statute aggregates amounts across all counts in a single case, so a series of small thefts that individually look minor can add up to a felony total.
Civil Rights Violations With Injury
When a government official uses their authority to willfully deprive someone of constitutional rights, the penalty escalates with the harm. If the victim suffers bodily injury, or the official uses a dangerous weapon, the maximum sentence jumps to 10 years. If the victim dies, the official faces life in prison or the death penalty.4U.S. Department of Justice. Deprivation of Rights Under Color of Law The same type of malfeasance can therefore range from misdemeanor to the most serious felony depending on consequences.
When Malfeasance Stays a Misdemeanor
Not every act of official wrongdoing clears the one-year threshold. Several common malfeasance offenses sit in misdemeanor range.
Embezzlement of government property valued at $1,000 or less carries a maximum of one year in prison, keeping it a misdemeanor.3Office of the Law Revision Counsel. 18 USC 641 – Public Money, Property or Records A civil rights violation under color of law that does not result in bodily injury, death, or the use of a weapon also tops out at one year.4U.S. Department of Justice. Deprivation of Rights Under Color of Law
Those thresholds are worth paying close attention to. A single dollar amount or a single consequence can push the same underlying conduct from one year in jail to ten.
States With a Direct Malfeasance Charge
The federal system treats malfeasance as a concept and prosecutes the underlying crime. A handful of states take a different approach and have a criminal offense called “malfeasance in office” on the books. These statutes typically apply to public officials and public employees who intentionally refuse to perform a legal duty, intentionally perform a duty in an unlawful manner, or knowingly allow subordinates to do so.
Penalties vary. In at least one state, malfeasance in office carries up to 10 years in prison and a fine of up to $5,000, making it a felony. Where these statutes exist, prosecutors can charge malfeasance directly rather than building a case around a more specific crime, which can capture official misconduct that might not fit neatly into bribery, embezzlement, or fraud. If you are a public official or employee, check whether your state has a standalone malfeasance statute, because the definitions and penalty ranges differ substantially from one jurisdiction to the next.
Why the Felony or Misdemeanor Line Matters
The classification question drives more than the length of a sentence. A conviction for malfeasance-related conduct triggers consequences that extend well past any prison term or fine, and the felony label makes several of them dramatically worse.
- Professional licenses. A felony conviction routinely triggers revocation proceedings for licensed professionals, including attorneys, doctors, architects, and engineers. Crimes involving dishonesty, fraud, embezzlement, or bribery are treated especially harshly by licensing boards. Even a misdemeanor conviction for a crime involving dishonesty can support revocation if the board determines the conduct reflects on the professional’s character.
- Employment. Most employers run background checks, and a felony record frequently results in rejection. Public-sector employment is particularly difficult to secure after a malfeasance-related conviction, since the offense directly calls the applicant’s trustworthiness into question.
- Voting rights. Many states suspend or revoke voting rights for individuals with felony convictions, at least temporarily. The rules for restoring those rights vary widely by state.
- Federal office. A bribery conviction under 18 U.S.C. § 201 can permanently disqualify an individual from holding any position of honor, trust, or profit under the United States government.2Office of the Law Revision Counsel. 18 USC 201 – Bribery of Public Officials and Witnesses
A misdemeanor conviction is damaging. A felony conviction can permanently close doors that never reopen. That is why anyone facing an accusation of malfeasance needs to know which statute is in play, which penalty tier it sits in, and which dollar amounts or harm elements could push the charge up or down the scale.