Misdemeanor
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A misdemeanor (
Distinction between felonies and misdemeanors
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
United States
In the United States, misdemeanors are typically crimes with a maximum punishment of 12 months of
The
Singapore
In
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
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
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
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All distinctions between felony and misdemeanour were abolished by section 1(1) of the Criminal Law Act 1967.[30]
See also
References
- ^ "misdemeanour". Cambridge Dictionary. Cambridge University Press. Retrieved 29 June 2017.
- ^ "Classification of Crimes". M Libraries Publishing. University of Minnesota. 17 December 2015. Retrieved 29 June 2017.
- ^ Doing Justice: The Choice of Punishments, A VONHIRSCH, 1976, p.220
- ^ Criminology, Larry J. Siegel
- JSTOR 1372651
- S2CID 144528020.
- ^ "18 USC 3559: Sentencing classification of offenses". uscode.house.gov. 1 November 1987. Retrieved 6 April 2017.
- ^ "Criminal Law Act 1967". legislation.gov.uk. The National Archives. Retrieved 3 December 2018., s.1, in force 1 Jan 1968
- ^ Crimes Act 1958, retrieved 17 May 2022
- ^ Crimes Act 1900, retrieved 17 May 2022
- ^ Justice, VOC, Department of. "Types of offences". www.victimsofcrime.vic.gov.au. Retrieved 27 January 2017.
{{cite web}}
: CS1 maint: multiple names: authors list (link) - ^ Justice, Ministry of; General, Ministry of Public Safety and Solicitor. "Types of Offences - Province of British Columbia". www2.gov.bc.ca. Retrieved 27 January 2017.
- ^ "Offence categories & types of trials | New Zealand Ministry of Justice". www.justice.govt.nz. Retrieved 27 January 2017.
- ^ "Summary Offences and the Crown Court: Legal Guidance: The Crown Prosecution Service". www.cps.gov.uk. Retrieved 27 January 2017.
- ^ "Criminal courts - GOV.UK". www.gov.uk. Retrieved 27 January 2017.
- ^ "What is the difference between a summary and indictable offence?". www.findlaw.com.au. Retrieved 27 January 2017.
- ^ Prosecutions, Office of the Director of Public. "Guidelines for Prosecutors - Director of Public Prosecutions". www.dppireland.ie. Retrieved 27 January 2017.
- ^ Bergman, Paul, and Sara J. Berman-Barrett. The Criminal Law Handbook: Know Your Rights, Survive the System. Nolo. 2011.
- ^ See, e.g., "Ohio Revised Code, Sec. 2907.09, Public indecency". LawWriter Ohio. Retrieved 16 April 2019.
- ^ "Felony and Master Crime List" (PDF). www.mass.gov/courts. Massachusetts Sentencing Commission. December 2015. Retrieved 27 January 2017.
- ^ "Schick v. United States, 195 U.S. 65, 24 S.Ct. 826, 49 L.Ed. 99 (1904)". Google Scholar. Retrieved 29 June 2017.
- ^ 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.
- ^ See, e.g., 18 U.S.C. § 3559
- ^ N.Y. Penal L. § 70.15 (1), (2). Found at New York State Assembly website. Accessed August 6, 2013.
- ^ Tom Winter, Jonathan Dienst and Dareh Gregorian (28 October 2021). "Andrew Cuomo charged with forcible touching, a misdemeanor sex crime". NBC News.
- ^ Albert, Victoria (29 October 2021). "Andrew Cuomo accused of forcible touching in criminal complaint". CBS News.
- ^ § 18.2-11. Punishment for conviction of misdemeanor, Code of Virginia.
- ^ N.Y. Penal L. § 55.05 (2). Found at New York State Assembly website. Accessed August 6, 2013.
- ^ 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.
- Sweet and Maxwell. Fourth Edition. 1960. Page 151.
External links
- The dictionary definition of misdemeanor at Wiktionary