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Amisdemeanor (American English,[1] spelledmisdemeanour elsewhere) is any "lesser"criminal act in somecommon law legal systems. Misdemeanors are generallypunished less severely than more seriousfelonies, but theoretically more so than administrativeinfractions (also known as minor, petty, orsummary offences) andregulatory offences. Typically, misdemeanors are punished withprison time of no longer than one year, monetary fines, orcommunity service.
A misdemeanor is considered a crime of lesser seriousness, and afelony one of greater seriousness.[2] The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime.[3][4][5] 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.[6]
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.[7] Many US states also employ the same or a similar distinction.
The distinction between felonies and misdemeanors has been abolished by severalcommon law jurisdictions, notably the UK[8] and Australia.[9][10] These jurisdictions have generally adopted some other classification (in the UK the substance of the original distinction remains, only slightly altered): in theCommonwealth nations of Australia,[11] Canada,[12] New Zealand,[13] and the United Kingdom,[14][15] the crimes are divided intosummary offences andindictable offences.[16] TheRepublic of Ireland, a former member of the Commonwealth, also uses these divisions.[17]
In some jurisdictions, those who areconvicted of a misdemeanor are known asmisdemeanants (as contrasted with those convicted of afelony who are known asfelons). Depending on the jurisdiction, examples of misdemeanors may include:petty theft,prostitution,public intoxication,simple assault,disorderly conduct,trespass,shoplifting,vandalism,reckless driving,indecent exposure,forcible touching, and possession ofcannabis for personal use.
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.[18] 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 aminor.[19]
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 thecollateral consequences of criminal charges. This is more common when the misdemeanor is related to the privilege in question (such as the loss of ataxi driver's license after a conviction forreckless driving), or when the misdemeanor is deemed to involvemoral turpitude—and in general is evaluated on a case-by-case basis.
In the United States, misdemeanors are typically crimes with a maximum punishment of 12 months ofincarceration, typically in a localjail. This contrasts with felons, who are typically incarcerated in aprison. Jurisdictions such as Massachusetts and Pennsylvania are notable exceptions: the maximum punishment of some misdemeanors in Massachusetts is up to 2.5 years' imprisonment[20] and up to five years' imprisonment in Pennsylvania for first-degree misdemeanors.[21] People who are convicted of misdemeanors are often punished withprobation,community service, short jail term, or part-time incarceration such as a sentence that may be served on the weekends.
TheUnited States Constitution provides that the President may beimpeached and subsequently removed from office if found guilty by Congress for "high crimes and misdemeanors". As used in the Constitution, the termmisdemeanor refers broadly to criminal acts as opposed to employing the felony-misdemeanor distinction used in modern criminal codes.[22] The definition of what constitutes "high crimes and misdemeanors" for purposes of impeachment is left to the judgment of Congress.[23]
InSingapore, defendants found guilty of misdemeanors are generally given ajail sentence for a number of months, but with certain specific crimes, suspects are sentenced to a harsher sentence. An example is the penalty imposed forvandalism, which is afine not exceeding S$2,000 or imprisonment not exceeding three years, and alsocorporal punishment of not less than three strokes and not more than eight strokes with the use of acane.
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 somestate governments in the United States divide misdemeanors into several classes, with certain classes punishable by jail time and others carrying only a fine.[24] In New York law, a Class A Misdemeanor, which among other things includes thesex crime of forcible touching, carries a maximum sentence of one year of imprisonment, while a Class B Misdemeanor "shall not exceed three months".[25][26][27]
For example,Virginia 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.[28] New York has three classes of misdemeanors: A, B, and Unclassified.[29]
In the United States, when a statute does not specify the class of a misdemeanor, it may be referred to as anunclassified misdemeanor.[30] Legislators usually enact such laws when they wish to impose penalties that fall outside the framework specified by each class.[citation needed]
![[icon]](/mt/?noimg=&dark=on&url=http%3a%2f%2fen.wikipedia.org%2fwiki%2fFile%3aWiki_letter_w_cropped.svg) | This sectionneeds expansion. You can help byadding to it.(September 2020) |
All distinctions between felony and misdemeanour were abolished by section 1(1) of theCriminal Law Act 1967.[31]
The dictionary definition ofmisdemeanor at WiktionaryPart of thecommon law series | ||
| Classes of crimes |  | |
| Inchoate offences | ||
| Defences | ||
| Offences against the person or state | ||
| Sexual offences | ||
| Criminal libel and kindred offences | ||
| Offences against property | ||
| Forgery, personation and cheating | ||
| Offences against justice | ||
| Death against family honour | ||
| Criminal behaviour |
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Types ofcrime | ||
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Note: Crimes vary byjurisdiction. Not all types are listed here. | ||
| Classes | ||
| Against the person |
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| Againstproperty | ||
| Against the public | ||
| Against thestate | ||
| Againstjustice | ||
| Against animals | ||
| Sexual offenses | ||
| Inchoate offenses | ||
