Is a misdemeanor and an infraction the same type of offense?

• A. Yes
• B. No, a misdemeanor is criminal offense and an infraction is a civil offense
• C. They are both criminal offenses
• D. They are both civil offenses

Answer: (B)

A key distinction is that misdemeanors and infractions sit on different tracks: criminal versus civil. A misdemeanor is a criminal offense, meaning it can lead to jail time, probation, and criminal fines, and it’s handled in the criminal court system with potential constitutional rights involved. An infraction, on the other hand, is a civil offense that typically results only in a fine and does not permit imprisonment; it’s treated as a civil violation rather than a crime. Examples often cited are petty theft (misdemeanor) versus a speeding ticket (infraction). Because of this fundamental difference in category and penalties, they are not the same type of offense.