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Offenses lower than felonies and generally those punishable by fine, penalty, Forfeiture, or imprisonment other than in a penitentiary. Under federal law, and most state laws, any offense other than a felony is classified as a misdemeanor. Certain states also have various classes of misdemeanors (e.g., Class A, B, etc.).
n. a lesser crime punishable by a fine and/or county jail time for up to one year. Misdemeanors are distinguished from felonies which can be punished by a state prison term. They are tried in the lowest local court such as municipal, police or justice courts. Typical misdemeanors include: petty theft, disturbing the peace, simple assault and battery, drunk driving without injury to others, drunkenness in public, various traffic violations, public nuisances, and some crimes which can be charged either as a felony or misdemeanor depending on the circumstances and the discretion of the District Attorney. "High crimes and misdemeanors" referred to in the U. S. Constitution are felonies. (See: felony)
misdemeanornoun act committed in violation of law, act of lawbreaking, breach of law, crime committed, criminal act, criminal activity, criminal offense, delictum, dereliction, guilty act, illegality, improbity, impropriety, infamous conduct, malfeasance, malversation, misdeed, misdoing, misfeasance, offense, offense against the law, peccadillo, punishable offense, transgression, viooation of law, wicked deed, wrong
Associated concepts: felony, high crimes and misdemeanors, misdemeanor complaint, petit misdemeanor, violation
See also: crime, delict, guilt, misconduct, misdeed, misdoing, offense
MISDEMEANOR, crim. law. This term is used to express every offence inferior
to felony, punishable by indictment, or by particular prescribed
proceedings; in its usual acceptation, it is applied to all those crimes and
offences for which the law has not provided a particular name; this word is
generally used in contradistinction to felony; misdemeanors comprehending
all indictable offences, which do not amount to felony, as perjury, battery,
libels, conspiracies and public nuisances.
2. Misdemeanors have sometimes been called misprisions. (q.v.) Burn's Just. tit. Misdemeanor; 4 Bl. Com. 5, n. 2; 2 Bar. & Adolph. 75: 1 Russell, 43; 1 Chitty, Pr. 14; 3 Vern. 347; 2 Hill, S. C. 674; Addis. 21; 3 Pick. 26; 1 Greenl. 226; 2 P. A. Browne, 249; 9 Pick. 1; 1 S. & R. 342; 6 Call. 245; 4 Wend. 229; 2 Stew. & Port. 379. And see 4 Wend. 229, 265; 12 Pick. 496; 3 Mass. 254; 5 Mass. 106. See Offence.