What is the maximum incarceration for a misdemeanor offense?

• A. 364 days or less
• B. 18 months
• C. 3 years
• D. 9 years

Answer: (A)

Focusing on how long a misdemeanor can land someone in custody shows that misdemeanors are punished in local jail for up to about a year. The standard cap is 364 days or less, because exceeding a year typically moves the offense into felony territory, which is served in state prison. So the maximum incarceration for a misdemeanor is 364 days or less. Longer terms like 18 months, 3 years, or 9 years indicate felony-level penalties, not misdemeanors.