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A misdemeanor (
American English American English, sometimes called United States English or U.S. English, is the set of varieties of the English language native to the United States. English is the most widely spoken language in the United States and in most circumstances ...
, spelled misdemeanour elsewhere) is any "lesser" criminal act in some
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
legal systems. Misdemeanors are generally
punished ''Punished'', also known as ''Bou ying'', is a 2011 Hong Kong thriller film directed by Law Wing-cheung. The film stars Anthony Wong, Richie Jen, and Janice Man. Plot The story starts with a real estate tycoon, Wong Ho-chiu (Anthony Wong), who ...
less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service.


Distinction between felonies and misdemeanors

A misdemeanor is considered a crime of lesser seriousness, and a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that res ...
one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable with incarceration for not more than one year, or lesser penalty, to be a misdemeanor. All other crimes are considered felonies. Many US states also employ the same or a similar distinction. The distinction between felonies and misdemeanors has been abolished by several
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
jurisdictions, notably the UK and Australia. These jurisdictions have generally adopted some other classification (in the UK the substance of the original distinction remains, only slightly altered): in the Commonwealth nations of Australia, Canada, New Zealand, and the United Kingdom, the crimes are divided into summary offences and indictable offences. The
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. ...
, a former member of the Commonwealth, also uses these divisions. In some jurisdictions, those who are convicted of a misdemeanor are known as misdemeanants (as contrasted with those convicted of a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that res ...
who are known as ''felons''). Depending on the jurisdiction, examples of misdemeanors may include: petty theft,
prostitution Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
, public intoxication, simple assault, disorderly conduct,
trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, woundi ...
,
shoplifting Shoplifting is the theft of goods from an open retail establishment, typically by concealing a store item on one's person, in pockets, under clothes or in a bag, and leaving the store without paying. With clothing, shoplifters may put on item ...
,
vandalism Vandalism is the action involving deliberate destruction of or damage to public or private property. The term includes property damage, such as graffiti and defacement directed towards any property without permission of the owner. The ter ...
, reckless driving, indecent exposure, and possession of
cannabis ''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: '' Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternative ...
for personal use.


When a misdemeanor becomes a felony

In the United States, even if a criminal charge for the defendant's conduct is normally a misdemeanor, sometimes a repeat offender will be charged with a felony offense. For example, the first time a person commits certain crimes, such as spousal assault, it is normally a misdemeanor, but the second time it may become a felony. Other misdemeanors may be upgraded to felonies based on context. For example, in some jurisdictions the crime of indecent exposure might normally be classified as a misdemeanor, but be charged as a felony when committed in front of a minor.


Penalties

Misdemeanors usually do not result in the restriction of civil rights, but may result in loss of privileges, such as professional licenses, public offices, or public employment. Such effects are known as the collateral consequences of criminal charges. This is more common when the misdemeanor is related to the privilege in question (such as the loss of a taxi driver's license after a conviction for reckless driving), or when the misdemeanor is deemed to involve moral turpitude—and in general is evaluated on a case-by-case basis.


United States

In the United States, misdemeanors are typically crimes with a maximum punishment of 12 months of
incarceration Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is " false imprisonment". Imprisonment does not necessar ...
, typically in a local jail as contrasted with felons, who are typically incarcerated in a
prison A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, corre ...
. Jurisdictions such as Massachusetts are a notable exception; the maximum punishment of some misdemeanors there is up to 2.5 years. People who are convicted of misdemeanors are often punished with probation, community service, short jail term, or part-time incarceration such as a sentence that may be served on the weekends. The
United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
provides that the President may be impeached and subsequently removed from office if found guilty by Congress for "high crimes and misdemeanors". As used in the Constitution, the term ''misdemeanor'' refers broadly to criminal acts as opposed to employing the felony-misdemeanor distinction used in modern criminal codes. The definition of what constitutes "high crimes and misdemeanors" for purposes of impeachment is left to the judgment of Congress.


Singapore

In
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bor ...
, defendants found guilty of misdemeanors are generally given a jail sentence for a number of months, but with certain specific crimes, suspects are sentenced to a harsher sentence. An example is the penalty imposed for
vandalism Vandalism is the action involving deliberate destruction of or damage to public or private property. The term includes property damage, such as graffiti and defacement directed towards any property without permission of the owner. The ter ...
, which is a fine not exceeding S$2,000 or imprisonment not exceeding three years, and also corporal punishment of not less than three strokes and not more than eight strokes with the use of a cane.


Misdemeanor classes

Depending on the jurisdiction, several classes of misdemeanors may exist; the forms of punishment can vary widely between those classes. For example, the federal and some state governments in the United States divide misdemeanors into several classes, with certain classes punishable by jail time and others carrying only a fine. In New York law, a Class A Misdemeanor carries a maximum sentence of one year of imprisonment, while a Class B Misdemeanor "shall not exceed three months".


Unclassified misdemeanors

In the United States, when a statute does not specify the class of a misdemeanor, it may be referred to as an ''unclassified misdemeanor''. Legislators usually enact such laws when they wish to impose penalties that fall outside the framework specified by each class. For example,
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...
has four classes of misdemeanors, with Class 1 and Class 2 misdemeanors being punishable by twelve-month and six-month jail sentences, respectively, and Class 3 and Class 4 misdemeanors being non-jail offenses payable by fines.§ 18.2-11. Punishment for conviction of misdemeanor
Code of Virginia.
New York has three classes of misdemeanors: A, B, and Unclassified.


England and Wales

All distinctions between felony and misdemeanour were abolished by section 1(1) of the Criminal Law Act 1967. O. Hood Phillips. A First Book of English Law. Sweet and Maxwell. Fourth Edition. 1960. Page 151.


See also

*
Convicted felon A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
* Federal crime *
Misdemeanor murder Misdemeanor murder is a term used to describe a situation in which a person is suspected of murder, but there is not enough evidence to convict the suspect of murder in court. The suspect is then either released without charges or the suspect ...


References


External links

* {{Types of crime Criminal law Criminal law legal terminology Legal terminology