Misdemeanor charges are generally defined as offenses punishable by less than one year of incarceration. However, the specifics of misdemeanor definitions can differ significantly depending on your jurisdiction.
States classify misdemeanors as Class 1 or 2, A or B, etc.
Misdemeanors are often sorted by the seriousness of the crime, which is determined by assessing the degree of damage or injury caused. For example, Class A misdemeanors typically encompass the most severe types of crimes that do not qualify as felonies.
Some examples of Class A misdemeanors in different jurisdictions might include vandalism, prostitution, and perjury. A Class A misdemeanor sentence could involve up to twelve months in prison and substantial fines.
On the other hand, Class D misdemeanors represent the least severe of misdemeanor crimes, although most states stop classifying misdemeanors at Class C (i.e., unclassified misdemeanors).
A Class C misdemeanor might involve criminal trespass, disorderly conduct, or assault. These misdemeanors usually result in monetary fines, although jail time may be imposed for repeat offenders.
Misdemeanors like simple theft, DUI offenses, burglary, and resisting arrest can also carry monetary fines.
If faced with a misdemeanor charge, consult a criminal defense attorney in your area.
What is the Difference Between a Misdemeanor and a Felony?
Felonies differ from misdemeanors because they often result in sentences exceeding one year.
While some crimes under the felony category may resemble those classified as misdemeanors, felonies typically involve greater property loss and damage or more severe bodily harm.
For example, an assault resulting in bodily injury might be considered a Class A misdemeanor.
However, if the bodily injury leads to death, the misdemeanor charge will likely be elevated to a felony (e.g., murder or homicide).
Specific “aggravating factors” can also convert a misdemeanor crime into a felony. Such factors include:
- Using a deadly weapon.
- Repeating offenses.
- Defrauding or impersonating a government official.
- Committing assault or battery on a police officer or young child.
Can Misdemeanor Charges Be Expunged?
Expungement is a legal process through which an individual’s criminal record is either sealed or erased, essentially allowing them to be treated as if the offense never happened.
This process can be crucial for people seeking employment, housing, or educational opportunities, as having a criminal record might negatively impact these prospects.
While the eligibility criteria and process for expungement can vary significantly depending on the jurisdiction, misdemeanor charges are generally more likely to be eligible than felony charges. This is mainly because misdemeanors are considered less severe and less likely to pose a risk to public safety.
However, specific conditions must typically be met before a misdemeanor can be expunged. Some common requirements for expungement eligibility include the following:
- Satisfying a waiting period: Often, people must wait for a certain period after the completion of their sentence or probation before they can apply for expungement. This waiting period may range from months to years.
- Having no additional convictions: Applicants for expungement should usually demonstrate good behavior and have no subsequent criminal convictions or pending charges during the waiting period.
- Successful completion of the sentence: This includes fulfilling all the sentence requirements, such as paying fines, attending required classes, completing community service, and abiding by any probation conditions.
- Filing a petition with the court: To initiate the expungement process, you must file a petition with the court that originally handled the case. The petition may need to include specific details about the offense and the reasons for seeking expungement.
For example, let’s consider a case where an individual was charged with a Class B misdemeanor for disorderly conduct.
After serving their sentence and completing probation, the person has maintained a clean record for the required waiting period of two years, as stipulated by their jurisdiction.
In this scenario, the person may be eligible to file a petition for expungement. If granted, the disorderly conduct charge would be erased from their record, and they could legally claim not to have a criminal record in most circumstances.
Expungement does not guarantee that the record will be completely inaccessible. In certain situations, such as background checks for sensitive job positions or investigations by law enforcement agencies, the expunged record may still be accessible.
Given the complexities and variations in expungement laws across different jurisdictions, consult a knowledgeable criminal defense attorney or expungement lawyer familiar with the specific laws in your area. They can provide guidance on eligibility, help with the petition process, and increase the chances of a successful expungement.
Is Theft Considered a Misdemeanor?
The crime of theft serves as a useful example to distinguish between felonies and misdemeanors.
In most cases, a simple theft crime (like shoplifting) will lead to misdemeanor charges. In some instances, a small criminal fine might be the only consequence, particularly if the crime involves minor theft.
On the other hand, theft involving a significant amount of money can result in grand theft charges, often prosecuted as felonies. Grand theft or grand larceny charges are defined as crimes involving property valued at over $500.
Are There Any Defenses to Misdemeanors?
Depending on the misdemeanor type, specific defenses may apply. Common defenses to misdemeanors include:
- Involuntary Intoxication: If someone is coerced into consuming alcohol or drugs or does so unknowingly, it might serve as a defense to a misdemeanor charge;
- Coercion or Duress: If an individual is forced to commit a crime due to threats of harm or injury, it can act as a defense to some misdemeanors;
- Lack of Evidence: If the prosecution cannot prove the crime’s elements or lacks sufficient evidence, it may be a defense to the charge; and
- Self-Defense: Many cases involving bodily injury, such as battery, often revolve around self-defense. To claim self-defense, the defendant must generally use a reasonable or proportional amount of force. In other words, they cannot initiate the use of force.
Do I Need a Lawyer for Help with Misdemeanor Charges?
Understanding the intricacies of misdemeanor charges can be challenging due to the variations in definitions and classifications across states.
The application of misdemeanor laws might also differ on a case-by-case basis. Therefore, if you face misdemeanor charges, it is highly recommended to seek the assistance of a local criminal defense attorney.
A criminal defense attorney can clarify how the misdemeanor statutes in your jurisdiction may impact your case, identify any available misdemeanor defenses, and guide you through the entire legal process.
How Can LegalMatch Help?
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Use LegalMatch to help find a qualified criminal defense attorney who can assist you in understanding the charges against you, crafting a defense strategy, and navigating the legal process.
