Misdemeanor is the failure to comply with a predetermined rule, such as a law or contract. It means disrespecting a legal order or norm that was previously agreed upon.
The expression is widely used in the scope of Criminal Law, when referring to a criminal misdemeanor.
What is a criminal misdemeanor?
A criminal misdemeanor is a less serious criminal offense, when compared to a crime. Criminal misdemeanors are offenses that, as they are less serious, also have lighter penalties, such as simple imprisonment.
In Brazil, the rules for this type of offense are provided for in the Criminal Misdemeanor Law (decree-law nº 3.688/41).
Example: Article 21 of the Criminal Misdemeanor Law defines the misdemeanor of ways in fact, characterized by violent or aggressive acts against another person.
The routes in fact cannot result in bodily harm. If this happens, the act can no longer be classified as a misdemeanor in fact and will be classified as a crime of bodily harm (provided for in article 129 of the Penal Code).
See the difference between the penalties applied for each of these conducts:
| Conduct | Feather |
|---|---|
| Ways of fact (criminal misdemeanor) | Simple imprisonment from 15 days to 3 months or fine |
| bodily injury (crime) | Detention from 3 months to 1 year |
Read more about the meaning of a misdemeanor.
Differences between criminal misdemeanor and felony
Both the criminal misdemeanor and the crime are criminal offences, that is, they are acts that contradict a provision that exists in the criminal law.
One of the main differences between criminal misdemeanor and crime is the penalties applied for each.
In misdemeanor, as we have seen, the penalties are only simple imprisonment or payment of a fine. In simple prisons, it is important to know that the sentence is not served in a closed regime.
As for crimes, the penalties are imprisonment or detention. In prison, the initial regime for serving the sentence can be closed and this sentence is applied to more serious crimes.
In detention, most of the time, the prison is served in a semi-open regime and this penalty is applied for lesser crimes.
In addition, in crimes, the maximum time for serving the prison sentence is 30 years. In criminal misdemeanors, the maximum time is 5 years.
Another difference between crime and misdemeanor is the treatment given by law to attempted crimes (unconsummated crimes). In crimes, the attempt is also punished, whereas in criminal misdemeanors this does not happen.
See the table with the summary of the main differences:
| criminal misdemeanor | Crime | |
|---|---|---|
| feathers | simple prison or fine | detention or confinement |
| prison time | Maximum of 5 years | Maximum of 30 years |
| attempted crime | is not punished | is punished |
| applied law | Criminal Misdemeanor Law | Criminal Code |
Also read the meanings of crime and meet the crime theory.