What is a Misdemeanor
A misdemeanor is a category of crime less serious than a felony, typically punishable by up to one year in a local jail, fines, or probation.
A misdemeanor is a criminal offense that is less serious than a felony but more serious than an infraction. Misdemeanors are generally punishable by up to one year in a county or local jail (not a state or federal prison), fines, probation, community service, or a combination of these penalties.
Misdemeanor Classifications
Many states divide misdemeanors into classes based on severity:
| Class | Examples | Typical Penalty |
|---|---|---|
| Class A / Gross Misdemeanor | DUI (first offense), domestic assault, theft $1,000–$5,000 | Up to 1 year in jail, fines up to $5,000 |
| Class B | Reckless driving, possession of small amounts of marijuana, simple assault | Up to 90 days jail |
| Class C | Disorderly conduct, trespassing, minor in possession | Up to 30 days jail |
Common Misdemeanor Offenses
- Driving under the influence (DUI/DWI) — First or second offense in most states
- Petty theft / shoplifting — Under a threshold dollar amount (usually $500–$1,000)
- Simple assault — Without a weapon and without serious injury
- Disorderly conduct — Public disturbances, fighting, offensive behavior
- Trespassing — Entering property without permission
- Vandalism — Minor property damage
- Possession of marijuana — In states where it remains illegal
- Minor traffic violations — Some serious moving violations
- Public intoxication
Consequences of a Misdemeanor Conviction
While less severe than a felony, a misdemeanor conviction still has lasting consequences:
- Criminal record — Appears in background checks for employment and housing
- Fines and court costs
- Probation — Regular check-ins with a probation officer
- Community service hours
- Loss of certain professional licenses (e.g., healthcare, law)
- Immigration consequences for non-citizens (some misdemeanors trigger deportation)
- Difficulty renting housing
Can a Misdemeanor Be Expunged?
In many states, misdemeanor convictions can be expunged (sealed or cleared from public record) after a waiting period with no additional offenses. Expungement laws vary widely by state.
Misdemeanor vs. Infraction
An infraction is the lowest level of offense — typically a traffic ticket or parking violation — punishable only by a fine. Infractions do not result in jail time and usually don't appear on a criminal record.