Misdemeanor

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A misdemeanor (American English, [1] spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished 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 prison time of no longer than one year, monetary fines, or community service.

Contents

Distinction between felonies and misdemeanors

In the US, graffiti is a common form of misdemeanor vandalism, although in many states it is now a felony. Graffiti in Bucharest, July 2007.jpg
In the US, graffiti is a common form of misdemeanor vandalism, although in many states it is now a felony.

A misdemeanor is considered a crime of lesser seriousness, and a felony 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 several common 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 the Commonwealth nations of Australia, [11] Canada, [12] New Zealand, [13] and the United Kingdom, [14] [15] the crimes are divided into summary offences and indictable offences. [16] The Republic of Ireland, a former member of the Commonwealth, also uses these divisions. [17]

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, shoplifting, vandalism, reckless driving, indecent exposure, forcible touching, and possession of cannabis 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. [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 a minor. [19]

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, typically in a local jail. This contrasts with felons, who are typically incarcerated in a prison. Jurisdictions such as Massachusetts are a notable exception; the maximum punishment of some misdemeanors there is up to 2.5 years. [20] 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 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. [21] The definition of what constitutes "high crimes and misdemeanors" for purposes of impeachment is left to the judgment of Congress. [22]

Singapore

In Singapore, 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, 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. [23] In New York law, a Class A Misdemeanor, which among other things includes the sex crime of forcible touching, carries a maximum sentence of one year of imprisonment, while a Class B Misdemeanor "shall not exceed three months". [24] [25] [26]

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. [27] New York has three classes of misdemeanors: A, B, and Unclassified. [28]

Unclassified misdemeanors

Possession of cannabis may be an unclassified misdemeanor in parts of the US. Macro cannabis bud.jpg
Possession of cannabis may be an unclassified misdemeanor in parts of the US.

In the United States, when a statute does not specify the class of a misdemeanor, it may be referred to as an unclassified misdemeanor. [29] Legislators usually enact such laws when they wish to impose penalties that fall outside the framework specified by each class.[ citation needed ]

England and Wales

All distinctions between felony and misdemeanour were abolished by section 1(1) of the Criminal Law Act 1967. [30]

See also

Related Research Articles

In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.

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 to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments, including capital punishment, could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.

<span class="mw-page-title-main">Indictable offence</span> Offence which can only be tried on an indictment after a preliminary hearing

In many common law jurisdictions, an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury. A similar concept in the United States is known as a felony, which for federal crimes, also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury.

<span class="mw-page-title-main">Summary offence</span> Crime tried without a jury

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.

<span class="mw-page-title-main">Theft</span> Act of taking anothers property without consent

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 crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. A person who engages in theft is known as a thief.

Burglary, also called breaking and entering (B&E) and housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.

Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating apprehension of such contact.

The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.

In the United States, habitual offender laws have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.

A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indictment. In the United States, an alternative misdemeanor/felony offense lists both county jail and state prison as possible punishment, for example, theft.

An accessory is a person who assists, but does not actually participate, in the commission of a crime. The distinction between an accessory and a principal is a question of fact and degree:

Misprision of felony is a form of misprision, and an offence under the common law of England that is no longer active in many common law countries. Where it was or is active, it is classified as a misdemeanor. It consists of failing to report knowledge of a felony to the appropriate authorities. Exceptions were made for close family members of the felon and where the disclosure would tend to incriminate the reporter himself.

Misprision in English law describes certain kinds of offence. Writers on criminal law usually divide misprision into two kinds: negative and positive.

A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of other crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.

The precise definitions of and punishments for aggravated sexual assault and aggravated rape vary by country and by legislature within a country.

<span class="mw-page-title-main">California criminal law</span>

California criminal law generally follows the law of the United States. However, there are both substantive and procedural differences between how the United States federal government and California prosecute alleged violations of criminal law. This article focuses exclusively on California criminal law.

<span class="mw-page-title-main">Ages of consent in the United States</span>

In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.

<span class="mw-page-title-main">Hit and run</span> Failing to stop after causing or contributing to a traffic collision

In traffic laws, a hit and run or a hit-and-run is the criminal act of causing a traffic collision and not stopping afterwards. It is considered a supplemental crime in most jurisdictions.

<span class="mw-page-title-main">Felony disenfranchisement in the United States</span> Prohibiting criminals from voting in elections in the United States

In the United States, a person may have their voting rights suspended or withdrawn due to the conviction of a criminal offense. The actual class of crimes that results in disenfranchisement vary between jurisdictions, but most commonly classed as felonies, or may be based on a certain period of incarceration or other penalty. In some jurisdictions disfranchisement is permanent, while in others suffrage is restored after a person has served a sentence, or completed parole or probation. Felony disenfranchisement is one among the collateral consequences of criminal conviction and the loss of rights due to conviction for criminal offense. In 2016, 6.1 million individuals were disenfranchised on account of a conviction, 2.47% of voting-age citizens. As of October 2020, it was estimated that 5.1 million voting-age US citizens were disenfranchised for the 2020 presidential election on account of a felony conviction, 1 in 44 citizens. As suffrage rights are generally bestowed by state law, state felony disenfranchisement laws also apply to elections to federal offices.

Rape laws vary across the United States jurisdictions. However, rape is federally defined for statistical purposes as:

Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

References

  1. ↑ "misdemeanour". Cambridge Dictionary. Cambridge University Press. Retrieved 29 June 2017.
  2. ↑ "Classification of Crimes". M Libraries Publishing. University of Minnesota. 17 December 2015. Retrieved 29 June 2017.
  3. ↑ Doing Justice: The Choice of Punishments, A VONHIRSCH, 1976, p.220
  4. ↑ Criminology, Larry J. Siegel
  5. ↑ An Economic Analysis of the Criminal Law as Preference-Shaping Policy, Duke Law Journal, Feb 1990, Vol. 1, Kenneth Dau-Schmidt, JSTOR   1372651
  6. ↑ Lynch, James P.; Danner, Mona J. E. (September 1993). "Offense seriousness scaling: An alternative to scenario methods". Journal of Quantitative Criminology. 9 (3): 309–322. doi:10.1007/BF01064464. ISSN   0748-4518. S2CID   144528020.
  7. ↑ "18 USC 3559: Sentencing classification of offenses". uscode.house.gov. 1 November 1987. Retrieved 6 April 2017.
  8. ↑ "Criminal Law Act 1967". legislation.gov.uk. The National Archives. Retrieved 3 December 2018., s.1, in force 1 Jan 1968
  9. ↑ "Crimes Act 1958 - SECT 322B Abolition of distinctions between felony and misdemeanour", Victorian Current Acts, Australasian Legal Information Institute, retrieved 17 May 2022
  10. ↑ "Crimes Act 1900 - SECT 580E Abolition of distinction between felony and misdemeanour", New South Wales Consolidated Acts, Australasian Legal Information Institute, retrieved 17 May 2022
  11. ↑ "Types of offences". Victims of Crime. Archived from the original on 2 February 2017. Retrieved 27 January 2017.
  12. ↑ "Types of Offences". Province of British Columbia. Retrieved 27 January 2017.
  13. ↑ "Offence categories & types of trials". New Zealand Ministry of Justice. Retrieved 27 January 2017.
  14. ↑ "Summary Offences and the Crown Court: Legal Guidance". The Crown Prosecution Service. Archived from the original on 30 January 2017. Retrieved 27 January 2017.
  15. ↑ "Criminal courts". GOV.UK. Archived from the original on 28 July 2017. Retrieved 27 January 2017.
  16. ↑ "What is the difference between a summary and indictable offence?". FindLaw. Archived from the original on 2 February 2017. Retrieved 27 January 2017.
  17. ↑ Prosecutions, Office of the Director of Public. "Guidelines for Prosecutors - Director of Public Prosecutions". www.dppireland.ie. Retrieved 27 January 2017.
  18. ↑ Bergman, Paul, and Sara J. Berman-Barrett. The Criminal Law Handbook: Know Your Rights, Survive the System. Nolo. 2011.
  19. ↑ See, e.g., "Ohio Revised Code, Sec. 2907.09, Public indecency". LawWriter Ohio. Retrieved 16 April 2019.
  20. ↑ "Felony and Master Crime List" (PDF). www.mass.gov/courts. Massachusetts Sentencing Commission. December 2015. Retrieved 27 January 2017.
  21. ↑ "Schick v. United States, 195 U.S. 65, 24 S.Ct. 826, 49 L.Ed. 99 (1904)". Google Scholar. Retrieved 29 June 2017.
  22. ↑ Bowman, Frank O.; Sepinuck, Stephen L. (1999). "High Crimes and Misdemeanors: Defining the Constitutional Limits on Presidential Impeachment". Southern California Law Review. 72 (6): 1517. Retrieved 29 June 2017.
  23. ↑ See, e.g., 18 U.S.C.   § 3559
  24. ↑ N.Y. Penal L. § 70.15 (1), (2). Found at New York State Assembly website. Accessed August 6, 2013.
  25. ↑ Tom Winter, Jonathan Dienst and Dareh Gregorian (28 October 2021). "Andrew Cuomo charged with forcible touching, a misdemeanor sex crime". NBC News.
  26. ↑ Albert, Victoria (29 October 2021). "Andrew Cuomo accused of forcible touching in criminal complaint". CBS News.
  27. ↑ § 18.2-11. Punishment for conviction of misdemeanor, Code of Virginia.
  28. ↑ N.Y. Penal L. § 55.05 (2). Found at New York State Assembly website. Accessed August 6, 2013.
  29. ↑ See, e.g., "Criminal Justice System for Adults in NYS". Office of Mental Health. New York State. Retrieved 19 November 2017., "Misdemeanor and Criminal Violation Cases". Lane County Circuit Court. Oregon Judicial Department. Retrieved 19 November 2017.
  30. ↑ O. Hood Phillips. A First Book of English Law. Sweet and Maxwell. Fourth Edition. 1960. Page 151.
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