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Misdemeanors are offenses punishable with less than one year’s imprisonment. In the US, they include drug possession, petty theft, and simple assault, among others. Felonies are more serious crimes, such as burglary and rape, with harsher punishments and collateral consequences. Other countries use different terms, such as “summary offenses” and “indictable offenses,” but the basic framework for defining and punishing crimes is similar.
In general, any offense punishable with less than one year’s imprisonment is considered a misdemeanor. While some countries have blurred the line between misdemeanor and misdemeanor, the United States (US) still makes the distinction. Jail for this type of offense is typically served in the county or city jail rather than a state penitentiary. Judges can also use creative sentencing options for a lesser crime, such as jail weekends, probation, fines, or community service.
Misdemeanors include drug possession, petty theft, prostitution, simple assault, reckless driving, vandalism, or trespassing. Unlike misdemeanors, misdemeanor convictions do not result in the loss of civil rights, such as the right to vote. However, petty crimes come with collateral consequences, such as losing a business license or losing public office. Penalties vary widely from one jurisdiction to another.
The state of Virginia, for example, divides felonies into Class 1 and Class 2, which are punishable by six months or a year in prison, respectively. Virginia class 3 and 4 felonies are non-prison offenses that are punishable by fines. Many states also have unclassified felonies on their law books with their own jail, probation, or fines schedule available to the sentencing judge. US federal law also distinguishes between misdemeanor and misdemeanor, with federal misdemeanors categorized as misdemeanors, class A, class B, or class C, all of which have their own maximums for fines and jail time.
Instead, the crimes are serious crimes, such as burglary, assault and battery, arson, rape, grand larceny, or vandalism of federal property. Punishments for crimes are typically much harsher, and the collateral consequences of the offender can include being banned from owning firearms, losing the right to vote, being denied certain licenses, and losing the right to serve on a jury . In some states, a felony conviction is even grounds for an uncontested divorce.
Other countries, such as Australia and Canada, have redefined offenses and crimes as “summary offenses” and “indictable offences”. The basic framework for defining crime and for punishing it, however, is still quite similar. For example, Canada limits prison terms for summary offenses to a maximum of six months. Additionally, summary offenses have a statute of limitations and can proceed without an arrest warrant; indictable offenses have no statute of limitations and involve an arrest warrant signed by a judge.
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