up to one year? less than 1 year for misdemeanor?

Question

Which is right for misdemeanor? Up to one year meaning 365 days or less than 1 year meaning 364 days?

Merriam-Webster's Dictionary of Law - Cite This Source
Main Entry: mis·de·mean·or
Pronunciation: "mis-di-'mE-n&r
Function: noun
: a crime that carries a less severe punishment than a felony; specifically : a crime punishable by a fine and by a term of imprisonment not to be served in a penitentiary and not to exceed one year —compare FELONY

Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.

Answer 1

Such definitions are a matter of statutory law, not dictionaries.

What constitutes a misdemeanor, or a felony, is defined within each jurisdiction, state or federal, by statute.

Generally, the phrase "not to exceed one year" means that one year (365 days) is OK, but more than one year (366 or more) is not. However, that is still a matter for definition within each jurisdiction.