Misdemeanor

Misdemeanor is a legal term used to describe a category of criminal offenses that are less severe than felonies, but more serious than infractions. Misdemeanors are generally punishable by a fine and/or incarceration in a local jail, as opposed to a state or federal prison.

Definition

The definition of a misdemeanor varies from jurisdiction to jurisdiction, but it is generally considered to be a crime of a lesser nature than a felony. In many jurisdictions, the maximum punishment for a misdemeanor is up to one year in a local jail. Some jurisdictions also classify misdemeanors into classes or degrees, with certain classes carrying more severe penalties.

Examples of Misdemeanors

Common examples of misdemeanors include petty theft, public intoxication, simple assault, trespassing, vandalism, and disorderly conduct. However, what constitutes a misdemeanor can vary greatly from one jurisdiction to another.

Misdemeanor vs. Felony

The main difference between a misdemeanor and a felony is the severity of the punishment. While both are criminal offenses, felonies are more serious and carry more severe penalties, including longer prison sentences and larger fines. In addition, individuals convicted of a felony may lose certain civil rights, such as the right to vote or own firearms, which is not typically the case with misdemeanors.

Legal Process

The legal process for misdemeanors typically involves an arraignment, where the defendant is formally charged and enters a plea, followed by a trial. If the defendant is found guilty, the judge will then impose a sentence, which can include jail time, fines, probation, community service, or a combination of these.

Impact on Criminal Record

A misdemeanor conviction will appear on a person's criminal record, which can have significant implications for employment, housing, and other aspects of life. However, in some cases, it may be possible to have a misdemeanor conviction expunged, or removed, from a person's criminal record.

See Also

• Felony
• Infraction
• Criminal law
• Criminal procedure