Misdemeanor in the United States
A misdemeanor is a relatively minor criminal offense. Misdemeanors are generally punished by fine, but can involve detention at a county jail for up to one year. Misdemeanors are defined by each state and will vary somewhat. Some states choose to create gradations of misdemeanors and categorize them into classes such as Class A and Class B. Misdemeanors are typically such offenses as moving traffic violations, disorderly conduct, petty theft, or shoplifting. Misdemeanors are quite different from felonies, which are the more serious category of criminal behavior. Simply put, the consequences of a misdemeanor are limited as measured by injury or economic loss suffered by the victim.
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Analysis and Relevance
Misdemeanors are the most common criminal offense, and misdemeanor cases place a great demand on judicial dockets. Jurisdiction over misdemeanors is usually assigned to courts of limited jurisdiction such as local district or municipal courts. Because of the high volume of misdemeanors, many are handled summarily. This means that there is seldom a trial and often cases are concluded at first appearance with the payment of a fine. It is the court with misdemeanor jurisdiction that is in the mind of those critical of the “mass production” approach to criminal justice. In reality, the more formalized criminal proceedings are reserved for those accused of felonies rather than misdemeanors.
Notes and References
- Definition of Misdemeanor from the American Law Dictionary, 1991, California
Misdemeanor Definition
Every offense inferior to felony. See Felony.
Misdemeanor in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Misdemeanor | Misdemeanor in the World Legal Encyclopedia. |
| Misdemeanor | Misdemeanor in the European Legal Encyclopedia. |
| Misdemeanor | Misdemeanor in the Asian Legal Encyclopedia. |
| Misdemeanor | Misdemeanor in the UK Legal Encyclopedia. |
| Misdemeanor | Misdemeanor in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Misdemeanor
Scan Misdemeanor in the appropriate area of law:
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| Misdemeanor | Misdemeanor in the Family Law Portal of the American Encyclopedia of Law. |
| Misdemeanor | Misdemeanor in the IP Portal of the American Encyclopedia of Law. |
| Misdemeanor | Misdemeanor in the Commercial Law Portal of the American Encyclopedia of Law. |
| Misdemeanor | Misdemeanor in the Criminal Law Portal of the American Encyclopedia of Law. |
| Misdemeanor | Misdemeanor in the Antritrust Portal of the American Encyclopedia of Law. |
| Misdemeanor | Misdemeanor in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Misdemeanor | Misdemeanor in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Misdemeanor | Misdemeanor in the Tax Law Portal of the American Encyclopedia of Law. |
| Misdemeanor | Misdemeanor in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Misdemeanor | Misdemeanor in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Misdemeanor | Misdemeanor in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Misdemeanor | Misdemeanor in the Environmental Law Portal of the American Encyclopedia of Law. |
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| Misdemeanor in the Dictionaries | Misdemeanor in our legal dictionaries |
| http://lawi.us/misdemeanor | The URI of Misdemeanor (more about URIs) |
| Misdemeanor related entries | Find related entries of Misdemeanor |
Legal Issue for Attorneys
Every offense inferior to felony. See Felony.
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Notice
This definition of Misdemeanor Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Plain-English Law
Misdemeanor as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):
A crime, less serious than a felony, punishable by no more than one year in jail.
Practical Information
Note: Some of this information was last updated in 1982
An offense lower than a felony (in U.S. law) and generally punishable by fine or imprisonment in a place other than a state penitentiary.
What is Misdemeanor?
For a meaning of it, read Misdemeanor in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Misdemeanor.
Misdemeanor
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled 426 MISDEMEANORA misdemeanor is one of a class of offenses considered less heinous, and punished less severely, than felonies. Generally, misdemeanors are punishable by fine or by incarceration in facilities other than penitentiaries for terms of up to one year. Federal law and most state statutes
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Concept of Misdemeanor
In the U.S., in the context of Judiciary power and branch, Misdemeanor has the following meaning: A relatively minor criminal offense, like possession of small amounts of marijuana, assault without bodily injury, and theft of goods and services whose value is small. (Source of this definition of Misdemeanor : University of Texas)
Misdemeanor
Meaning of Misdemeanor
In plain or simple terms, Misdemeanor means: A minor offense, lower than a felony, and punishable by a fine or imprisonment other than in penitentiaries.
Resources
See Also
- Judiciary Power
- Judiciary Branch
Meaning of Misdemeanor
In plain or simple terms, Misdemeanor means: A minor offense, lower than a felony, and punishable by a fine or imprisonment other than i
n penitentiaries.
Resources
See Also
Breathalyzer®; Felony.
Further Reading (Articles)
Managerial Justice and Mass Misdemeanors, Stanford Law Review; March 1, 2014; Kohler-Hausmann, Issa
Cities to start prosecuting misdemeanors?, Oakland Tribune; May 10, 2009; Matthias Gafni
BEACH FORBIDS PRIVATE PROSECUTORS TO ARGUE MISDEMEANOR CASES.(LOCAL), The Virginian-Pilot (Norfolk, VA); February 19, 2002
Misdemeanors on rise in Yuma., The Sun (Yuma, AZ); October 20, 2006
The Price of Misdemeanor Representation, William and Mary Law Review; November 1, 2007; Hashimoto, Erica J.
Police: Misdemeanor arrests will continue despite Contra Costa DA cuts, Oakland Tribune; April 22, 2009; Malaika Fraley Robert Salonga
Misdemeanor, Encyclopedia of the American Constitution; January 1, 2000
22 ARRESTED DURING WARRANTS CRACKDOWN UNRESOLVED MISDEMEANORS MEANJAIL TIME, The Columbian (Vancouver, WA); June 25, 2000; ANNE HART, Columbian
22 ARRESTED DURING WARRANTS CRACKDOWN ; UNRESOLVED MISDEMEANORS MEAN JAIL TIME, The Columbian (Vancouver, WA); June 25, 2000; ANNE HART, Columbian staff writer
March 30 fight nets charges for Purdue’s Lymon: Former Harding standout faces 6 misdemeanor counts., The News-Sentinel (Fort Wayne, IN); September 8, 2007
Misdemeanor Charges Sought in Deadly DUI Crash, Charleston Daily Mail; January 28, 2013; Shaner, Cassie
D.C. Circuit Holds That Former Purdue Pharma Executives Who Pleaded Guilty to Misdemeanor Misbranding May Be Excluded from Participation in Federal Health Care Programs, Mondaq Business Briefing; August 8, 2012
Yuma County Attorney’s Office leading state in notifying misdemeanor crime victims of rights., The Sun (Yuma, AZ); March 4, 2007
Study finds `massive waste’ in misdemeanor cases, AP Online; April 29, 2009; TIM KLASS
In fatal crashes, often only a ticket; Many careless drivers who take a life face just a misdemeanor.(NEWS), Star Tribune (Minneapolis, MN); May 22, 2011
Misdemeanor Offenses May Come Back to Haunt Criminals, NPR Morning Edition; June 7, 1994
KOOTENAI COUNTY PLANS CRACKDOWN FOR MISDEMEANORS, The Spokesman-Review (Spokane, WA); July 2, 1998; Alison Boggs Staff writer
Washougal mayor faces misdemeanor charge, The Columbian (Vancouver, WA); June 17, 2011; Ray Legendre
Governor Backs Misdemeanor Option for Gun Crimes, Daily Herald (Arlington Heights, IL); December 16, 1999; Thompson, DonAnnals of impeachment; Magic words: `High crimes and misdemeanors’.(NEWS), Star Tribune (Minneapolis, MN); November 15, 1998; Black, Eric
Misdemeanor in the context of Juvenile and Family Law
Definition ofMisdemeanor published by the National Council of Juvenile and Family Court Judges:A crime less serious than a felony, usually punishable by a fine or incarceration in a city or county jail, but not a state penitentiary.
Misdemeanor Definition in the context of the Federal Court System
An offense punishable by one year of imprisonment or less. Compare with “felony.”
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