Misdemeanors in the United States

Difference between “significant misdemeanor”, “non-significant misdemeanor”, and “felony”

Significant Misdemeanor

A significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and:

• Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,
• If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.

Non-significant Misdemeanor

A crime is considered a non-significant misdemeanor (maximum term of imprisonment is one year or less but greater than five days) if it:

• Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; and
• Is one for which the individual was sentenced to time in custody of 90 days or less.

Felony

A felony is a federal, state or local criminal offense punishable by imprisonment for a term exceeding one year.

Misdemeanors and the State Laws

Resources

Further Reading

• Information about Misdemeanors in the Gale Encyclopedia of American Law.