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Misdemeanor vs. Misdemeanour — What's the Difference?

By Urooj Arif & Maham Liaqat — Updated on May 2, 2024
"Misdemeanor" and "misdemeanour" refer to the same concept of a minor criminal offense; the difference lies in the spelling between American English ("misdemeanor") and British English ("misdemeanour").
Misdemeanor vs. Misdemeanour — What's the Difference?

Difference Between Misdemeanor and Misdemeanour

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Key Differences

"Misdemeanor" is the American English spelling used to describe less serious criminal offenses that are typically punishable by fines or shorter jail terms. On the other hand, "misdemeanour" is the spelling preferred in British English and many Commonwealth countries, including the UK, Canada, and Australia.
While "misdemeanor" may involve crimes like petty theft or simple assault in the U.S. legal system, misdemeanours in countries like the UK also cover similar minor offenses, but the types and classifications of crimes can vary slightly due to different legal systems.
The term "misdemeanor" is part of the American judicial nomenclature where legal terms are often spelled differently from their British counterparts, reflecting broader differences in American and British English. Conversely, "misdemeanour" fits into the linguistic pattern of British English, often retaining more traditional spellings which include the extra 'u' among other characteristics.
In the context of legal consequences, a "misdemeanor" in the United States might result in up to a year in jail, typically served in a local or county jail rather than a state prison. Whereas, a "misdemeanour" in the UK can lead to penalties that might also include community service or probation, depending on the nature of the offense and the applicable laws.
Despite these spelling differences, the fundamental legal nature of "misdemeanor" and "misdemeanour" remains the same, indicating a criminal offense that is more serious than an infraction but less serious than a felony.
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Comparison Chart

Spelling

Misdemeanor
Misdemeanour

Legal System

American English
British English

Examples of Crimes

Petty theft, simple assault
Similar minor offenses

Typical Penalties

Fines, up to a year in jail
Fines, community service

Place of Imprisonment

Local or county jail
Varies by jurisdiction

Compare with Definitions

Misdemeanor

Reflects American spelling norms in legal context.
The official documents listed the charge as misdemeanor.

Misdemeanour

British English term for a criminal offense less serious than a felony.
Shoplifting small items is typically classed as a misdemeanour.

Misdemeanor

A less severe crime that is punishable by less than one year of imprisonment or fines.
Committing vandalism can be charged as a misdemeanor.

Misdemeanour

Applies to crimes that generally carry lighter penalties.
He was sentenced to community service for his misdemeanour.

Misdemeanor

Often involves penalties like short-term incarceration or probation.
He received a three-month jail term for the misdemeanor.

Misdemeanour

Includes the extra 'u' in spelling, following British usage.
In the UK legal system, the correct spelling is misdemeanour.

Misdemeanor

Found predominantly in the U.S. legal documents and discourse.
The lawyer explained the misdemeanor charges to her client.

Misdemeanour

Part of legal terminology in Commonwealth countries.
The Australian court recorded the action as a misdemeanour.

Misdemeanor

Used in American English to describe minor offenses.
Driving under the influence is generally treated as a misdemeanor.

Misdemeanour

Often related to the same types of crimes as in the U.S., albeit with regional variations in law.
The judge considered her past misdemeanours before sentencing.

Misdemeanor

A misdemeanor (American English, spelled misdemeanour in British English) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences.

Misdemeanour

(British spelling) misdemeanor

Misdemeanor

A misdeed.

Misdemeanour

A crime less serious than a felony

Misdemeanor

(Law) A criminal offense that is less serious than a felony and generally punishable by a fine, a jail term of up to a year, or both.

Misdemeanor

(legal) A crime usually punishable upon conviction by a small fine or by a short term of imprisonment. In the USA, misdemeanants usually are incarcerated in county jail for less than one year, but felons usually are incarcerated in state or federal prison for more than one year. Crimes which are punishable by large fines or by longer imprisonment are sometimes called felonies.

Misdemeanor

Any act of misbehavior.

Misdemeanor

Ill behavior; evil conduct; fault.

Misdemeanor

A crime less than a felony.

Misdemeanor

A crime less serious than a felony

Common Curiosities

What does misdemeanour mean in British English?

It refers to minor criminal offenses, similar to the American misdemeanor, often punishable by fines or community service.

Can the spelling of misdemeanor/misdemeanour affect legal documents?

Yes, using the correct regional spelling is crucial in legal documents to maintain professionalism and clarity.

Is a misdemeanor or misdemeanour more serious than an infraction?

Yes, both are more serious than infractions and typically carry heavier penalties.

What is a misdemeanor?

In the U.S., a misdemeanor is a criminal offense less severe than a felony, punishable by fines or a jail term of less than one year.

Are juveniles charged with misdemeanors or misdemeanours differently?

Yes, juvenile offenses are often handled differently, focusing more on rehabilitation.

Are the penalties for a misdemeanor and a misdemeanour the same?

They are similar, though specific penalties vary based on local laws and the details of the crime.

How does one avoid committing a misdemeanor or misdemeanour?

Understanding local laws and adhering to them can help avoid committing such offenses.

What are the most common types of misdemeanors/misdemeanours?

Common types include petty theft, simple assault, and first-time drug offenses.

Do misdemeanors in the U.S. have long-term consequences?

Yes, they can affect job opportunities, housing applications, and more, similar to misdemeanours in the UK.

Can a misdemeanor or misdemeanour be expunged from one's record?

In many jurisdictions, it is possible to expunge misdemeanors from one's record, depending on the crime and time elapsed.

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Author Spotlight

Written by
Urooj Arif
Urooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
Co-written by
Maham Liaqat

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