A misdemeanor is a type of criminal offense that is less serious than a felony. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions and regulatory offenses. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. In the United States, a crime punishable with incarceration for not more than one year, or lesser penalty, is generally considered a misdemeanor.
Misdemeanors are classified differently in different states. In New York, for example, misdemeanor crimes are classified as either A, B, or unclassified. The respective penalties for these misdemeanors relate to the classification of the misdemeanor crime. The sentence for an A misdemeanor in New York can include up to one year in jail, a fine of up to $1,000, probation for two or three years, and/or a conditional discharge which can include the requirement to abide by certain conditions such as an Order of Protection or not being re-arrested. The sentence for a B misdemeanor in New York can include up to 90 days in jail, a fine of up to $500, probation for one year, and/or a conditional discharge.
In most cases, if a misdemeanor is not classified by a letter grade in the section defining it, the misdemeanor is classified as follows:
- Class A: if the maximum term of imprisonment authorized is one year or less but more than six months.
- Class B: if the maximum term of imprisonment authorized is six months or less but more than thirty days.
- Class C: if the maximum term of imprisonment authorized is thirty days or less but more than five days.
Misdemeanors can result in punishments such as community service, probation, fines, and imprisonment for less than a year. The consequences of a misdemeanor charge can vary depending on the state and the specific crime, but they can include a criminal record, difficulty finding employment, and difficulty obtaining certain licenses or permits.