The most common misdemeanors in the United States are simple assault, petty theft and shoplifting, DUI, disorderly conduct, vandalism, criminal trespassing, public intoxication, and minor drug possession. A misdemeanor sits between an infraction (like a traffic ticket) and a felony, and in most states the maximum jail sentence is up to one year, served in a county or local jail rather than state prison. The sentence is only part of the story: a misdemeanor conviction can follow you into job applications, rental screenings, firearm eligibility, and border crossings for years afterward.
How a Misdemeanor Fits in the Severity Scale
Most states sort misdemeanors into classes or levels. Some use Class A, B, and C; others use Class 1, 2, and 3. The top class carries the highest maximum penalty, often up to twelve months in jail, and lower classes drop from there to 90, 60, or 30 days. A few states add a “gross misdemeanor” tier above the standard range or a “petty misdemeanor” tier just above an infraction.
The one-year cap holds in roughly two dozen states, but it isn’t universal. A handful of states authorize misdemeanor sentences of 18 months to two years, and in at least two states certain first-degree misdemeanors can bring up to five years, sometimes served in state prison.1National Conference of State Legislatures. Misdemeanor Sentencing Trends The label “misdemeanor” can mean different things depending on where the case is prosecuted.
The Offenses Charged Most Often
Simple Assault and Battery
Simple assault generally means attempting to physically harm someone or intentionally making them fear an imminent attack. No contact is required; raising a fist, lunging, or making a credible threat can be enough. Battery is the companion offense involving actual unwanted physical contact — shoving, grabbing, slapping. When the injury is minor, the charge stays at the misdemeanor level. Broken bones, use of a weapon, or an attack on a vulnerable victim typically pushes the charge into felony territory.
Domestic Violence
When assault or battery occurs between spouses, former partners, cohabitants, or co-parents, the charge often carries a domestic violence label. The conduct can be identical to simple battery, but the relationship elevates the legal consequences. The most significant is a federal firearm ban discussed further below.
Petty Theft and Shoplifting
Petty theft, including shoplifting, is one of the most commonly charged misdemeanors nationwide. The line between misdemeanor and felony theft is a dollar threshold set by each state. In most states, stolen property worth less than $1,000 stays in misdemeanor territory, though thresholds range from about $200 to $2,500. Some states automatically treat theft of firearms or motor vehicles as a felony regardless of value.
Vandalism
Vandalism means intentionally damaging or defacing someone else’s property — spray-painting a wall, keying a car, breaking windows. Whether it stays a misdemeanor usually turns on the dollar value of the damage. Low-cost damage is typically a misdemeanor; extensive damage, often above $1,000 depending on the state, can be charged as a felony.
Criminal Trespassing
Entering or remaining on someone’s property without permission or legal authority is criminal trespass. It applies to private land, fenced areas, posted property, and buildings. Trespassing involving a dwelling or committed while carrying a weapon is often treated more seriously.
Disorderly Conduct
Disorderly conduct is the catch-all public order offense and one of the most frequently charged misdemeanors in the country. It covers fighting in public, excessive noise, threatening language intended to provoke a confrontation, blocking traffic, or creating a hazardous condition with no legitimate purpose. The boundaries are famously vague, which gives law enforcement broad discretion in deciding when to charge it.
Public Intoxication
Being visibly drunk or high in a public place to the point of being a danger to yourself or others, or causing a disturbance, qualifies in most jurisdictions. Some states have moved away from criminalizing public intoxication and treat it as a public health matter, but it remains a misdemeanor in the majority of states.
DUI and Reckless Driving
A first-offense DUI without aggravating factors — no accident, no children in the car, no extremely high BAC — is typically a misdemeanor. The legal blood alcohol concentration limit is 0.08% in nearly every state, with one state at 0.05%. Repeat offenses, injuries, or a BAC well above the limit frequently elevate the charge to a felony. Even as a misdemeanor, a DUI commonly brings license suspension, mandatory alcohol education, and an ignition interlock requirement. For anyone with a commercial driver’s license, a first DUI triggers a minimum one-year disqualification from operating a commercial vehicle, and a second offense means a lifetime ban, even if the DUI happened in a personal car.2Federal Motor Carrier Safety Administration. Disqualification of Drivers (383.51)
Reckless driving — operating a vehicle with willful disregard for the safety of people or property — is a criminal misdemeanor, not an infraction like a standard speeding ticket. It shows up on background checks and can carry jail time, heavy fines, and license suspension.
Minor Drug Possession
Possessing a small amount of a controlled substance for personal use is frequently charged as a misdemeanor, with the specific charge depending on the substance and amount. Federal law classifies controlled substances into five schedules based on abuse potential and accepted medical use, and state laws generally follow a similar framework.3Office of the Law Revision Counsel. 21 USC 812 – Schedules of Controlled Substances
Marijuana sits in its own category now. As of 2025, 24 states and the District of Columbia have legalized recreational use, and another seven have decriminalized possession so that small amounts carry only a fine, similar to a traffic ticket. In the remaining states, possessing marijuana can still be charged as a misdemeanor or even a felony depending on the amount. A small bag can be perfectly legal in one state and a jailable offense in the next.
Harassment
Harassment covers a range of behavior intended to alarm, annoy, or torment another person: repeated unwanted contact, following someone, threats, or conduct serving no legitimate purpose. Harassment statutes tend to be broader than assault laws and often capture behavior that doesn’t involve any physical contact.
What a Conviction Can Cost You
Jail
Incarceration for a misdemeanor is typically served in a county or local jail. In most states, the maximum for the most serious misdemeanor class is one year, with lower classes capping at 90, 60, or 30 days. Many misdemeanor convictions result in no jail time at all, especially for first-time offenders; judges often opt for probation or fines.
Fines and Court Costs
Fines can range from a few hundred dollars to several thousand depending on the offense and jurisdiction. What catches many defendants off guard is the layer of mandatory court costs and surcharges stacked on top. These commonly include a mandatory surcharge, a crime victim assistance fee, and sometimes a DNA databank fee. In some jurisdictions the combined surcharges alone exceed $200, and specialized offenses like sex crimes can carry additional assessments of $1,000 or more. These fees are imposed at sentencing regardless of the judge’s discretion on the fine itself.
Probation
Probation lets a defendant serve a sentence in the community under court supervision instead of behind bars. Misdemeanor probation typically runs six months to two years. Standard conditions include committing no new crimes, staying within the court’s jurisdiction, and meeting regularly with a probation officer. Judges often add offense-specific requirements: substance abuse treatment for drug or alcohol offenses, anger management classes for assault, community service, and restitution to victims. Many jurisdictions also charge monthly supervision fees, which add up over the length of the term.
Consequences That Outlast the Sentence
The formal sentence is only part of the picture. A conviction creates a criminal record that follows you into job applications, housing searches, licensing decisions, and border crossings. These collateral consequences often last longer than the sentence itself and can be harder to overcome.
Jobs and Professional Licenses
Most employers run background checks. A misdemeanor conviction can disqualify you from jobs in education, childcare, healthcare, finance, insurance, and real estate, among other licensed fields. Every state has licensing statutes that bar people with certain convictions from particular professions, either permanently or for a set period. Even in industries without formal licensing requirements, a misdemeanor on a background check gives an employer a reason to pass, and many do.
Firearms
A misdemeanor conviction for domestic violence triggers a federal ban on possessing firearms or ammunition under 18 U.S.C. § 922(g)(9).4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The qualifying offense must involve the use or attempted use of physical force, or the threatened use of a deadly weapon, against a spouse, former partner, cohabitant, co-parent, or dating partner.5Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions The ban applies whether the conviction is state, federal, or tribal, and it reaches law enforcement officers and military personnel in both their professional and personal lives. Violating it is itself a federal felony carrying up to 15 years in prison. This is one of the few situations where a misdemeanor, not a felony, permanently strips a constitutional right under federal law. Some state laws add further firearm restrictions for other misdemeanor convictions.
Housing
Landlords routinely screen applicants’ criminal histories, and there is no federal time limit on how long convictions can appear on a tenant background check. A misdemeanor, especially one involving drugs, theft, or violence, can make it significantly harder to secure rental housing. Some cities and states have adopted “fair chance” housing ordinances that limit when landlords can inquire about criminal history, but these protections are far from universal.
International Travel
A misdemeanor can make you inadmissible to other countries. Canada is the example most Americans run into: under Canadian immigration law, a conviction for crimes including theft, assault, DUI, or drug possession can make a person criminally inadmissible at the border.6Government of Canada. Overcome Criminal Convictions A border officer has discretion to turn you away. You may need to apply for a Temporary Resident Permit or wait until enough time has passed to be deemed rehabilitated. Many travelers only learn about this at the booth.
Clearing a Misdemeanor From Your Record
Most states offer some path to expunging or sealing a misdemeanor conviction, though eligibility, process, and waiting periods vary widely. Typical waiting periods run one to seven years after completing your sentence, including probation. You generally need to stay conviction-free during that time.
A growing number of states have adopted “clean slate” laws that automatically seal eligible misdemeanor records once the waiting period expires, removing the need to file a petition. Where automatic sealing isn’t available, you’ll usually need to file a petition and have a judge review your case. Sealing doesn’t erase the conviction from every database; law enforcement can typically still see it. What it does is remove the conviction from the standard background checks used by employers and landlords, which is where it matters most day to day.
How Long Prosecutors Have to File Charges
Every state sets a statute of limitations for bringing misdemeanor charges. For most misdemeanors, the window runs one to three years, with one to two years being most common. A few states allow longer for certain offenses: sexual misdemeanors may carry extended deadlines, and some states allow up to five or seven years for higher-level misdemeanors.
Once the statute of limitations expires, charges generally cannot be filed regardless of the evidence. The clock typically starts on the date the offense was committed, but it can be paused, or “tolled,” in certain circumstances, most commonly when the defendant leaves the state. If you think the deadline may have passed on something in your past, confirm it with a criminal defense attorney before assuming you’re in the clear.