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 In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...

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 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 ...

, but theoretically more so than administrative

infraction A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offe ...

s (also known as minor, petty, or

summary offence A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offe ...

s) 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

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 The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Co ...

of Australia, Canada, New Zealand, and the United Kingdom, the crimes are divided into

s and

indictable offence In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...

s. 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

convict A convict is "a person found guilty of a crime and sentenced by a court" or "a person serving a sentence in prison". Convicts are often also known as " prisoners" or "inmates" or by the slang term "con", while a common label for former conv ...

ed of a misdemeanor are known as misdemeanants (as contrasted with those convicted of a

who are known as ''felons''). Depending on the jurisdiction, examples of misdemeanors may include:

petty theft Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some ...

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 Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an ...

, simple assault,

disorderly conduct Disorderly conduct is a crime in most jurisdictions in the United States, the People's Republic of China, and Taiwan. Typically, "disorderly conduct" makes it a crime to be drunk in public, to " disturb the peace", or to loiter in certain are ...

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 In United States law, reckless driving is a major moving traffic violation that generally consists in driving a vehicle with willful or wanton disregard for the safety of persons or property. It is usually a more serious offense than careless ...

indecent exposure Indecent exposure is the deliberate public exposure by a person of a portion of their body in a manner contrary to local standards of appropriate behavior. Laws and social attitudes regarding indecent exposure vary significantly in different ...

, 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 Collateral consequences of criminal conviction are the additional civil state penalties, mandated by statute, that attach to a criminal conviction. They are not part of the direct consequences of criminal conviction, such as prison, fines, or ...

. This is more common when the misdemeanor is related to the privilege in question (such as the loss of a

taxi A taxi, also known as a taxicab or simply a cab, is a type of vehicle for hire with a driver, used by a single passenger or small group of passengers, often for a non-shared ride. A taxicab conveys passengers between locations of their choic ...

driver's license after a conviction for

), or when the misdemeanor is deemed to involve

moral turpitude Moral turpitude is a legal concept in the United States and prior to 1976, Canada, that refers to "an act or behavior that gravely violates the sentiment or accepted standard of the community". This term appears in U.S. immigration law beginnin ...

—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 A prison, also known as a jail, gaol (dated, English language in England, standard English, Australian English, Australian, and Huron Historic Gaol, historically in Canada), penitentiary (American English and Canadian English), detention cen ...

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 Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...

community service Community service is unpaid work performed by a person or group of people for the benefit and betterment of their community without any form of compensation. Community service can be distinct from volunteering, since it is not always performe ...

, 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 Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

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

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

, 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 Cane or caning may refer to: *Walking stick or walking cane, a device used primarily to aid walking * Assistive cane, a walking stick used as a mobility aid for better balance *White cane, a mobility or safety device used by many people who are ...

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 State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...

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 The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force. Territ ...

. O. Hood Phillips. A First Book of English Law. Sweet and Maxwell. Fourth Edition. 1960. Page 151.

References

External links

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