A misdemeanor carries a maximum jail sentence of

• A. 1 year
• B. 364 days
• C. 2 years
• D. 364 days or less

Answer: (D)

The boundary between a misdemeanor and a more serious offense hinges on the maximum time behind bars. In many systems, misdemeanors are punishable by less than a year in jail, with the typical statutory cap being 364 days. If a sentence could reach 365 days or more, the offense is treated as a felony. That’s why the option stating “364 days or less” best captures the full range of permissible misdemeanor punishments. Saying exactly 364 days could be read as a fixed limit rather than the cap that allows any sentence up to that amount, and 1 year or 2 years would exceed the misdemeanor threshold and imply felony classification.