misdemeanor

 

in law, a minor crime, in contrast to a felony. At common law a misdemeanor was a crime other than treason or a felony. Although it might be a grave offense, it did not affect the feudal bond or take away the offender's property. By the 19th cent. serious crimes were labeled felonies, and minor crimes misdemeanors. In the United States a misdemeanor usually is an offense that may be punished summarily by fine and by imprisonment for less than a year. Commission of a misdemeanor does not cancel citizenship or subject an alien to deportation. In some states of the United States certain minor law violations are not even classified as misdemeanors, e.g., traffic offenses and breach of municipal regulations.

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A misdemeanor, or misdemeanour, in many common law legal systems, is a "lesser" criminal act. Misdemeanors are generally punished less severely than felonies; but theoretically more so than administrative infractions (also known as regulatory offenses).

In the United States, the federal government generally considers a crime punishable by a year or less to be a misdemeanor.^[1] All other crimes are felonies.

In some jurisdictions, those who are convicted of a misdemeanor are known as misdemeanants (as contrasted with those convicted of a felony who are known as felons). Depending on the jurisdiction, examples of misdemeanors may include: petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, vandalism, and other similar crimes. In the United States, misdemeanors are crimes with a maximum punishment of 12 months of incarceration, typically in a local jail (again, as contrasted with felons, who are typically incarcerated in a prison). Those people who are convicted of misdemeanors are often punished with probation, community service or part-time imprisonment, served on the weekends.

In Anglo-American law misdemeanors are in the middle range of seriousness for violations of the law. Felonies are the most serious and typically result in automatic forfeiture of some civil rights, including disenfranchisement (loss of the right to vote), and commonly involve lengthy incarceration. Typically, only those charged with felonies are entitled to the right of trial by jury. Infractions are the least serious, are punishable only by fine (and a command to reverse the behavior), and never carry a formal social stigma (examples of violations include parking and minor traffic offences, late payment of fees, and building code violations).

Misdemeanors usually don't result in the loss 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 involves moral turpitude -- and in general is evaluated on a case-by-case basis. One prominent example of this is found in the United States Constitution, which provides that the President may be impeached by Congress for "high crimes and misdemeanors" and removed from office accordingly. The definition of a "high" misdemeanor is left to the judgment of Congress.

Within classes of offenses, the form of punishment can vary widely. For example, the US federal government and many U.S. states divide misdemeanors into several classes, with certain classes punishable by jail time and others carrying only a fine. When a statute does not specify the class, it is referred to as an unclassified misdemeanor. Sometimes this is done when legislators wish to impose a penalty that falls outside the framework specified in the classes. For instance, 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; but first-time marijuana possession is an unclassified misdemeanor punishable by 30 days in jail^[2][3].

Misdemeanor Expunction

Many states allow expunction of misdemeanor convictions. Once expunged, the defendant can be relieved from some or all disabilities that resulted from the conviction. Eligibility varies by state. The most common requirements are completion of the original sentence, payment of restitution and fines, not serving any sentence or facing any new charges.

References

1. ^ 18 USC 3559.
2. ^ § 18.2-250.1. Possession of marijuana unlawful, Code of Virginia.
3. ^ § 18.2-11. Punishment for conviction of misdemeanor, Code of Virginia.

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