Who determines whether a crime will be classified as a felony or a misdemeanor?

The correct determination of whether a crime is classified as a felony or a misdemeanor is made by state legislatures. They are responsible for enacting laws that define different types of offenses and outline the corresponding classifications based on the severity of the crime. Each state has its own legal framework that distinguishes felonies from misdemeanors, typically based on factors such as maximum sentencing, potential harm, and the nature of the offense.

Judges, while they play a critical role in the legal process by interpreting laws and presiding over cases, do not have the authority to categorize crimes themselves; they apply the existing laws established by legislatures. Police officers are involved in the enforcement of laws and may make initial determinations about potential crime charges, but they do not establish the classifications. Similarly, Congress may legislate at the federal level, but state legislatures have the exclusive power to define criminal classifications within their respective states. Thus, the proper answer highlights the legislative authority exercised at the state level.