Each state defines summary offenses differently, but it does have a basic, standard meaning. A summary offense is considered a minor offense. It is not considered a criminal conviction.

Sometimes referred to as petty offenses or infractions, summary offenses are crimes that are considered less serious than misdemeanors.

These offenses do not need to be tried before a jury. They are generally handled by a judge or magistrate. Usually, the judge has discretion in determining what constitutes a summary offense.

So what are summary offenses? Each jurisdiction has discretion over which crimes they will consider a summary offense. Some examples can include speeding, minor assaults, minor property damage, some forms of harassment, open lewdness, violation of some dog laws, disorderly conduct, trespassing or contempt of court. Depending on the jurisdiction, some offenses will be considered a summary offense where they would be considered a misdemeanor elsewhere. New York and Pennsylvania, for example, sometimes consider simple marijuana possession a summary offense, rather than a misdemeanor.

Although it is still a serious matter, summary offenses do not usually carry harsh punishments. The difference of degree is what dictates the measure of punishments. Different jurisdictions have created different categories of summary offenses, with different levels of punishment. The punishments typically are fines but in some cases can result in no more than 90 days in jail.

Depending on the jurisdiction, summary offenses may or may not appear on a person’s criminal record. In general, petty or summary offenses do not appear on a person’s criminal record, though this is not always the case in each state. Please note, that any time a person is involved in the criminal justice process, a record of that may or may not appear on their record.