Crimes are classified based on severity, with the least severe and moderate crimes falling under the category of misdemeanors and the most severe falling under the category of felonies. But there is more to misdemeanors than this simple explanation. This article delves into misdemeanors and what makes them different from felonies, so keep reading to learn more.
MORE NEWS: Here are the 50 biggest employers in Arizona
In most states, a conviction with a misdemeanor will result in penalties under one year of jail time. This means a convicted person can get probation, fines, community service, and just 12 months in a county jail.
Misdemeanor Classification
All misdemeanor crimes are not equal; they are further classified and can range from class D to A or class 1 to 4, depending on the state. Class D and 4 are typically the least severe, meaning the penalties are lighter, while classes A and 1 will carry the most severe penalties in the misdemeanor category. Speak to Attorney Christopher W. Adams of Adams & Bischoff for further information on the topic.
Some states have an “unclassified” category of misdemeanors that are unique and without much of a criminal element, such as minor gambling crimes, littering, and minor traffic offenses. In some states, these uncategorized misdemeanors are referred to as infractions.
Gross Misdemeanors
Some states classify misdemeanor crimes differently, but the different definitions always seek to categorize offenses based on the seriousness of the crime and the resulting penalty. In some states, you may have a category classified as a gross misdemeanor which is the direct opposite of a simple misdemeanor.
It covers crimes that are justly slightly short of getting a felony classification. Crimes under this category include a first DUI conviction, a first-time aggravated assault offense, and some repeat less severe misdemeanor crimes.
Penalties for Misdemeanor Crimes
If you are facing a misdemeanor charge, it is unlikely that you will get more than a year in jail if convicted. However, different classes of misdemeanors will attract different penalties. Typically, a class A, 1, or gross misdemeanor will attract a one-year jail time and fines of up to $2,500.
On the other hand, a class D misdemeanor will attract 30 days of jail time and up to $250. Other penalties may include probation, where the convicted person doesn’t avoid jail to serve their term in the community but under specific terms, community service, restorative justice, and attending court-ordered rehabilitative programs. The penalties can be quite harsh overall, and one should make conscious steps to avoid it.
Defenses for Misdemeanor Crimes
No matter how minor a conviction for a crime is, it will leave a dent in your record, which can have life-changing consequences depending on the type of crime. For example, if you are convicted of a misdemeanor DUI, you may have problems landing a job since many jobs may involve driving a company car. So, have a lawyer working with you to ensure you get the best outcome possible for your case.
Lawyers employ several strategies when creating a defense, some of the most common being insufficient evidence, technical errors when obtaining the evidence, self-defense, entrapment, etc. It is important to note that defense strategies will vary based on the underlying crime and the circumstances of each case.
Having a lawyer doesn’t always mean that you will walk scot-free. In some cases, you will still get a conviction but with better outcomes, such as a negotiated sentence. Also, they can help make a deal with the prosecution when the prosecution charges you with a less severe crime in exchange for pleading guilty.
Conclusion
Misdemeanors, though less severe than felonies, still carry serious consequences that can impact one’s future. Understanding their classifications, potential penalties, and defense options is crucial. If facing a misdemeanor charge, consulting an attorney can help secure the best possible outcome. Proactive legal guidance can minimize penalties, safeguard your record, and provide informed support throughout the legal process.
