What does misdemeanor mean?
A misdemeanor is a criminal offense considered less serious than a felony. In the United States, misdemeanors commonly include offenses such as minor theft, simple assault, and some violations of public-order or traffic laws, though the precise list depends on state or federal law. A conviction may result in a fine, probation, community service, or a short prison sentence, while some misdemeanors can become more serious when repeated or when aggravating circumstances are present. The term also has a broader, literary use for comparatively minor wrongdoing, though this is much less common in everyday speech. Its definition therefore cannot be understood solely by contrast with a felony: legal classifications and penalties vary considerably between jurisdictions. Even so, the distinction between a misdemeanor and a felony remains an important organizing principle of American criminal law.
nounA criminal offense considered less serious than a felony. In modern American law, the distinction and potential penalties are established by the statutes of the relevant jurisdiction.
- A criminal offense classified as less serious than a felony, generally punishable by a fine or imprisonment for a shorter period.
- An act of wrongdoing or misconduct considered less serious than a major offense.
"The theft was treated as a misdemeanor because of the value of the property taken."
"After the investigation, the authorities reduced the charge from a felony to a misdemeanor."
"His remark was widely regarded as a political misdemeanor rather than a serious moral failing."
The plural is used when referring to multiple offenses or multiple people charged with or convicted of offenses.
"The prosecutor charged the men with several misdemeanors."
A misdemeanor occupies the legal territory between an ordinary infraction and a felony, although the precise dividing lines are drawn by each jurisdiction.
Reviewed by Deb Chak, Editor. AI-assisted content curated by RJS Tech Solutions LLP.
Etymology of misdemeanor
The word entered English from the Old French misdemener, meaning “to behave badly,” formed from the prefix mis- and demener, “to conduct oneself.” Demener ultimately drew on Latin demonstrare, “to show” or “demonstrate.” The expression developed from an older general sense of misconduct into the specific legal category of a crime less serious than a felony.
Related word forms
How misdemeanor is actually used
The term is principally associated with American legal usage. British and other Commonwealth legal systems generally use the term “offence,” although “misdemeanor” historically had a broader legal meaning and may still occur in older writing.
Easily confused with misdemeanor
A misdemeanor is generally a less serious criminal offense, while a felony is one of the more serious categories of crime and normally carries more severe penalties.