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misdemeanor

Understanding Misdemeanors: A Lesser Crime with Real Consequences

A misdemeanor charge may seem minor compared to a felony, but these “lesser” crimes still carry penalties like fines, probation, and even jail time. Getting charged with a misdemeanor can negatively impact your life in lasting ways. So what exactly are misdemeanors, what are common penalties, and what should you do if charged with one? Let’s break it down.

What is a Misdemeanor?

A misdemeanor is generally defined as a crime less severe than a felony. The distinction lies in the maximum punishment – felonies are punishable by more than one year in prison, while misdemeanors carry a maximum sentence of one year or less, typically served in a local or county jail.Misdemeanors range from minor offenses like shoplifting and trespassing to more serious ones like assault, DUI, and domestic violence. They are broken down into further classifications that determine the severity. For example, states like New York 1 divide them into Class A, B, and Unclassified misdemeanors depending on the possible sentence.Though viewed as petty crimes, misdemeanors should not be taken lightly. Beyond jail time, they can lead to:

• Fines – Courts levy fines as punishment for misdemeanors. These can range from a few hundred to several thousand dollars depending on the charge. Failure to pay will result in additional penalties.
• Probation – Courts often suspend jail sentences in favor of probation. This comes with strict conditions like mandatory counseling, community service, drug testing, and more. Violating probation terms may result in the original jail sentence being reinstated.
• A Permanent Criminal Record – Like felonies, misdemeanors become a part of your permanent criminal history. This can show up on background checks when applying for jobs, housing, loans etc. Some charges like sex offenses also require registering as a sex offender.
• Loss of Rights – Certain misdemeanors can result in losing civil rights like voting, serving on a jury and possessing firearms. Deportation, loss of professional licenses and child custody are other possibilities.

So while misdemeanors may not carry the same severity as felony charges, they still warrant the same caution and concern when dealing with the criminal justice system. Understanding the charges against you and navigating the system requires experienced legal guidance.

Common Types of Misdemeanors

Misdemeanors encompass a wide variety of minor crimes with most states having specific classifications. Some of the most common misdemeanor offenses include:

Theft/Property Crimes

• Shoplifting – Concealing/stealing store merchandise under a certain dollar amount is usually charged as misdemeanor petty theft. Grand theft with larger amounts is upgraded to a felony.
• Vandalism/Criminal Mischief – Damaging, defacing or destroying another person’s property through graffiti, slashing tires, smashing windows etc. can be prosecuted as a misdemeanor if damages are low.
• Trespassing – Entering clearly restricted property like a fenced yard, closed business etc. is a misdemeanor trespass. Trespassing with intent to commit a crime therein upgrades it to a felony.

Drug Offenses

• Marijuana Possession – While states are relaxing cannabis laws, possession of small, “personal use” amounts can still be charged as a misdemeanor. Distribution/trafficking remains a felony.
• Paraphernalia Possession – Possessing bongs, pipes or other equipment used for illegal drug consumption or manufacture is typically a misdemeanor offense.
• Prescription Drug Crimes – Misusing legitimately prescribed medication, using another’s prescription or having someone else fill your prescription is misdemeanor drug diversion.

Violent/Aggressive Crimes

• Simple Assault – While felonious assault causes grave bodily harm, simple assault – making someone fear immediate physical harm – is a misdemeanor. Domestic violence charges often fall under this category.
• Disorderly Conduct – Behaving in a way that alarms/endangers others in public places – aggressive panhandling, public intoxication, excessive noise etc. – constitutes misdemeanor disorderly conduct.
• Stalking – Repeatedly harassing or threatening someone such that they fear for their safety is the misdemeanor offense of stalking. Felony stalking requires violating a restraining order.

Traffic Violations

• DUI – Driving under the influence of alcohol/drugs typically starts out as a misdemeanor for first-time offenders with no injuries/damages. Repeat DUIs often get bumped up to felonies.
• Reckless Driving – Speeding, illegal passing, running red lights with willful disregard for safety rules can warrant misdemeanor reckless driving charges.
• Driving with a Suspended/Revoked License – Getting caught driving after your license has been suspended or revoked is a misdemeanor that can also lead to vehicle impoundment.

This list while not exhaustive covers some of the more prevalent misdemeanor crimes. Many start out as misdemeanors but increase to felonies with repeated violations or elevated severity. Understanding the nuances is critical when faced with criminal charges.

Penalties for Misdemeanor Convictions

While misdemeanors may seem trivial, the consequences of a conviction are far from minor. Beyond possible jail time, typical penalties include:Fines – Courts levy fines as monetary punishment with amounts depending on the crime. For example, misdemeanor DUIs average $390-$1000 2  in fines while petty theft runs $100-$2500  3. Most courts allow fine payments in installments if cleared in advance.Probation – Though jail time is limited with misdemeanors, courts often suspend sentences in favor of probation. This generally runs 1-3 years  4 with strict rules like:

• Mandatory meetings with a probation officer
• No consumption of alcohol or illegal substances
• Completion of counseling, rehabilitation and/or community service
• No association with known felons/criminals
• Maintaining clean drug tests
• Complying with warrantless search and seizure
• Paying all court fines and fees

Restitution – If the crime resulted in financial losses for victims, courts order restitution payments as part of sentencing. This reimburses victims/plaintiffs for losses tied to medical bills, property damage, insurance claims handling costs and more.Loss of Rights – Certain misdemeanor convictions lead to losing civil rights like voting, jury duty and firearm possession. Violent offenses also require forfeiting passports and certain professional licenses.Immigration Consequences – Non-citizens charged with a misdemeanor can face removal proceedings regardless of whether it’s a first offense. Aggravated felonies or multiple convictions almost always trigger deportation.Employment Issues – Misdemeanors show up on routine background checks and can negatively impact job prospects. Certain charges also prompt termination in violation of company ethics codes. Prior disclosure gives the best chance at employment.Custody Problems – Convictions for domestic violence, drug charges and other offenses can be used by ex-spouses to claim child custody/visitation rights.Housing Issues – Landlords often deny rental applications for prospective tenants with a criminal history regardless of whether it’s a misdemeanor or felony.This barely scratches the surface of what’s at stake when facing misdemeanor charges. Beyond the immediate sentencing, convictions open the door to a lifetime of consequences that touch every aspect of normal life.

What Should You Do If Charged With a Misdemeanor

Receiving a misdemeanor citation or summons understandably incites panic. However, with the right approach, positive outcomes are possible. Here are some steps to take:Remain Silent – When confronted by law enforcement, stick to identifying yourself and nothing more. Be polite without admitting anything or answering questions. What you say will be used against you.Hire an Attorney – An experienced criminal defense lawyer is essential even with minor charges. They advise on plea bargains, alternative sentencing and potential defenses to achieve the best resolution. Public defenders provide representation if you cannot afford private counsel.Arrange Bail – For jailable offenses, turn yourself in at the required time to get the booking process started. Your attorney helps arrange bail/bond money for release until trial.Explore Diversion Programs – These voluntary rehab/counseling programs allow charges to be dismissed once completed. Punishment gets replaced with supervised rehabilitation.Negotiate Plea Deals – Work with your lawyer to negotiate with prosecutors. Plea agreements allow pleading guilty to lesser charges or reduced sentencing.Prepare Defense Strategy – In some cases, viable defense arguments exist to defeat the charges at trial. Your attorney develops the best defense strategy specific to the circumstances.Mitigate Immigration Issues – For non-citizens, plead to non-deportable offenses to avoid removal proceedings. In certain cases, vacating convictions post-sentencing also minimizes immigration consequences.The bottom line – misdemeanor charges go from intimidating to manageable with the expertise of an experienced criminal lawyer on your side. Don’t wait until you go to court to start building your defense. The sooner you engage legal counsel, the higher the chances of a favorable outcome.

Finding the Right Attorney for Your Misdemeanor Case

As misdemeanor crimes vary widely, finding a lawyer experienced with your specific charges is crucial. Lawyers specializing in areas like domestic violence, DUI/traffic offenses, drug crimes, theft etc. bring in-depth understanding of the most effective defense strategies.Look for attorneys and law firms with proven track records of positive case results. If immigration issues are also a concern, verify extensive experience helping non-citizen clients avoid removal proceedings upon conviction.Online legal directories like [Avvo] 5, [FindLaw] and [LawInfo] offer lawyer search tools filtering by location, practice area expertise and client reviews. This facilitates connecting with qualified local counsel for consultations on your misdemeanor case.

Don’t Go It Alone – Let An Expert Fight For You

While labeled “petty” crimes compared to felonies, misdemeanors should not be taken lightly given the ramifications of a conviction. Don’t put yourself at risk by navigating the complex justice system alone. With an experienced criminal defense lawyer guiding you, the odds of a positive case resolution increase exponentially. So don’t hesitate to call in an expert – it can make all the difference!

: https://www.findlaw.com/
: https://www.lawinfo.com/