Misdemeanor

Criminal law

Part of the common law series
Criminal elements
Actus reus · Causation · Concurrence
Mens rea · Intention · Recklessness
Criminal negligence · Ignorantia juris…
Strict, Corporate & Vicarious liability
Crimes against people
Assault · Battery · Robbery
Sexual offences · Pimping · Rape
Kidnapping · Manslaughter · Murder
Crimes against property
Property damage · Arson
Theft · Burglary · Deception
Crimes against justice
Obstruction of justice · Bribery
Perjury · Malfeasance in office
Inchoate offenses
Attempt
Conspiracy · Accessory
Criminal defenses
Automatism, Intoxication & Mistake
Insanity · Diminished responsibility
Duress · Necessity
Provocation · Self defence
Other areas of the common law
Contract law · Tort law · Property law
Wills and trusts · Evidence
Portals: Law · Criminal justice

For other uses, see Misdemeanor (disambiguation). The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved Causation is the "causal relationship between conduct and result In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" In Criminal law, strict liability is liability for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation In the Criminal law, corporate liability determines the extent to which a Corporation as a fictitious person can be liable for the acts and omissions The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity In Criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Robbery is the Crime of seizing Property through Violence or Intimidation. A pimp (also called fleshmonger) finds and manages clients for Prostitutes and engages them in Prostitution (in Brothels in most cases and Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Property damage (or in the United Kingdom, criminal damage) is damage to or the destruction of public or private Property, caused either by a In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given In English law, the main deception offences are defined in the Theft Act 1968 (TA68 the Theft Act 1978 and the Theft (Amendment Act 1996 The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a Malfeasance in office, or official misconduct, is the commission of an Unlawful act done in an official capacity which affects the performance of official duties Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal For a more detailed discussion of individual topics see Automatism (case law In the Criminal Law, automatism is a defense to liability Intoxication is the state of being affected by one or more psychoactive drugs. A mistake of fact may sometimes offer exculpation (as in Excuse) by allowing a criminal Defendant some relief from liability for having broken the In Criminal trials the insanity defenses are possible defenses by Excuse, an Affirmative defense by which Defendants argue that In Criminal law, diminished responsibility (or diminished capacity) is a potential defense by Excuse by which Defendants argue that For English law on the criminal defence see Duress in English law. In Criminal law, necessity may be either a possible justification or an exculpation for breaking the Law. Also see Provocation in English law. In Criminal law, provocation is a possible defense by excuse or exculpation The right of self-defense (also called alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e

A misdemeanor, or misdemeanour, in many common law legal systems, is a "lesser" criminal act. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment Misdemeanors are generally punished less severely than felonies, but theoretically more so than administrative infractions (also known as regulatory offenses). Punishment is the practice of imposing something unpleasant or aversive on a person or animal usually in response to disobedient or morally wrong behavior In Common law legal systems a felony is a serious Crime, often contrasted with a Misdemeanor. Infraction as a general term means a violation of a rule or Local ordinance or regulation promise or obligation Regulatory offences or quasi-criminal offences are a class of crime in which the standard for proving Culpability has been lowered so a Mens rea Many misdemeanors are punished with monetary fines. Usually only repeat misdemeanor offenders are punished by actual jail time.

In the United States, the federal government generally considers a crime punishable by a year or less in prison to be a misdemeanor. ^[1] All other crimes are felonies. Many states also follow this.

The distinction between a felony and misdemeanor has been abolished by most other common law jurisdictions (e. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive g. Crimes Act 1958 (Vic., Australia) s. 332B(1), Crimes Act 1900 (NSW., Australia) s. 580E(1)). Those jurisdictions have generally adopted some other classification, e. g. in Canada, Australia, the Republic of Ireland and the United Kingdom, the crimes are divided into summary offences and indictable offences. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page For a topic outline on this subject see List of basic Australia topics. Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located A summary offense, also known as a petty crime, is a criminal act in some Common law jurisdictions that can be proceeded with summarily without the right In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India,

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). A convict is "a person found guilty of a Crime and sentenced by a court" or "a person serving a sentence in prison" sometimes referred to in Slang In Common law legal systems a felony is a serious Crime, often contrasted with a Misdemeanor. Depending on the jurisdiction, examples of misdemeanors may include: petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, vandalism, and other similar crimes. In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given Prostitution is the act of performing Sexual activity in exchange for Money. Public intoxication, also known as " drunk and disorderly conduct" (sometimes incorrectly as " drunken disorderly " is a Summary offence Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Almost every state in the United States has a disorderly conduct law that makes it a crime to be drunk in public to "disturb the peace" or to loiter in certain areas Trespass (Fr trespas a crime properly a stepping across from Lat Vandalism is the behaviour attributed to the Vandals in respect of Culture: ruthless Destruction or spoiling of anything beautiful or Venerable In the United States, misdemeanors are crimes with a maximum punishment of 12 months of incarceration, typically in a local jail (again, as contrasted with felons, who are typically incarcerated in a prison). Incarceration is the detention of a person in Jail or Prison. Jail, or gaol (especially in Canada, Australia and NZ[http //www A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of Those people who are convicted of misdemeanors are often punished with probation, community service or part-time imprisonment, served on the weekends. Probation is the suspension of all or part of a jail sentence the Criminal who is "on probation" has been convicted of a crime but instead of serving jail Community service refers to service that a person performs for the benefit of his or her local Community. A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of

Infractions are the least serious, are punishable only by fine (and a command to reverse the behavior), and never carry a formal social stigma (examples of violations include parking and minor traffic offences, late payment of fees, and building code violations). Infraction as a general term means a violation of a rule or Local ordinance or regulation promise or obligation

Misdemeanors usually do not result in the loss 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. Collateral consequences of criminal charges, known as the " Four C's " in legal parlance, are the results of Arrest, Prosecution or conviction 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 involves moral turpitude -- and in general is evaluated on a case-by-case basis. A taxicab, also taxi or cab, is a type of Public transport for a single passenger or small group of passengers typically for a non-shared ride Reckless driving, in the United States, is a serious moving traffic violation. Moral turpitude is a legal concept in the United States that refers to "conduct that is considered contrary to community standards of justice honesty or good morals" One prominent example of this is found in the United States Constitution, which provides that the President may be impeached by Congress for "high crimes and misdemeanors" and removed from office accordingly. The Constitution of the United States of America is the supreme Law of the United States. Impeachment is the first of two stages in a specific process for a legislative body to forcibly remove a Government official The definition of a "high" misdemeanor is left to the judgment of Congress.

Within classes of offenses, the form of punishment can vary widely. For example, the US federal government and many U.S. states divide misdemeanors into several classes, with certain classes punishable by jail time and others carrying only a fine. A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government When a statute does not specify the class, it is referred to as an unclassified misdemeanor. Sometimes this is done when legislators wish to impose a penalty that falls outside the framework specified in the classes. For instance, 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; but first-time marijuana possession is an unclassified misdemeanor punishable by serving up to 30 days in jail^[2]^[3]. The Commonwealth of Virginia ( is an American state

References

^ 18 USC 3559.
^ § 18.2-250.1. Possession of marijuana unlawful, Code of Virginia.
^ § 18.2-11. Punishment for conviction of misdemeanor, Code of Virginia.

Dictionary

-noun

(law) A crime usually punishable upon conviction by a small fine or by a short term of imprisonment. Crimes which are punishable by large fines or by longer imprisonment are usually called felonies.

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