A misdemeanor is a classification of criminal charges that falls between a citation and a felony. These offenses are generally considered less severe than felonies but more serious than citations. Misdemeanors typically involve minor to moderate crimes and carry less severe punishments than felonies.
Misdemeanor offenses encompass a wide variety of crimes, ranging from assault and battery to property crimes. The specific laws defining misdemeanors differ from one state to another, and in some instances, felony charges may be reduced to misdemeanors.
What are Some Common Misdemeanor Charges?
Misdemeanor charges cover a wide range of offenses. Some of the most frequently encountered misdemeanor charges include:
- Traffic offenses, such as DUI or drunk driving;
- Assault and battery and other relatively minor offenses involving bodily harm;
- Theft, larceny, and similar crimes involving property theft;
- Possession of a controlled substance;
- Various drug crimes;
- Perjury crimes;
- Obscenity and related offenses; and
- Gun possession violations.
What are the Main Categories of Misdemeanor Crimes?
Misdemeanor crimes generally involve minor property damage or minor injury to another person. These offenses are typically divided into three broad categories, outlined below.
Crimes Against a Person
This category encompasses various offenses involving harm or potential harm to another individual. Some examples include:
- Simple Assault: This occurs when a person threatens or attempts to cause physical harm to another person without actually causing injury.
- Battery: Battery involves the actual physical contact or harm caused to another person without their consent.
- False Imprisonment: This crime occurs when an individual unlawfully restrains or confines another person without their consent, effectively restricting their freedom of movement.
- Harassment: Harassment includes a range of behaviors that involve repeated, unwanted contact or communication with another person, causing them distress or fear.
- Stalking: Stalking is a form of harassment that involves following or monitoring another person, causing them to feel threatened or fearful for their safety.
- Menacing: Menacing occurs when an individual intentionally places another person in fear of imminent physical harm.
Crimes Against Property
These offenses typically involve theft, damage, or destruction of property. Some examples include:
- Shoplifting: This crime involves the theft of goods from a retail establishment, usually by concealing the items and leaving the store without paying.
- Larceny: Larceny is the act of stealing someone else’s property with the intent to permanently deprive the owner of its possession.
- Vandalism: Vandalism involves the intentional damage or destruction of someone else’s property, such as defacing a building with graffiti or breaking a window.
- Criminal Mischief: This crime includes actions that cause damage to property, such as tampering with utilities or intentionally causing a power outage.
- Trespassing: Trespassing occurs when an individual enters or remains on another person’s property without permission.
Crimes Against Public Safety or Public Order
These offenses typically involve actions that disrupt public safety, order, or peace. Some examples include:
- Disorderly Conduct: Disorderly conduct encompasses a range of behaviors that disturb the peace, such as engaging in a public fight, using offensive language, or creating a public nuisance.
- Noise Violations: Noise violations occur when an individual creates excessive or unreasonable noise, such as playing loud music late at night or using construction equipment during prohibited hours.
- Open Alcohol Container Violations: This offense involves possessing an open container of alcohol in public spaces or vehicles where it is prohibited.
- Prostitution: Prostitution is the act of engaging in sexual activity in exchange for money or other goods or services.
- Minor in Possession of Alcohol: This offense occurs when an individual under the legal drinking age is found to be in possession of alcoholic beverages.
- Public Intoxication: Public intoxication involves being under the influence of alcohol or other intoxicating substances to the extent that it poses a danger to oneself or others in a public space.
- Loitering: Loitering is the act of remaining in a public place without a legitimate purpose, often with the intent to engage in criminal activity or disturb the peace.
- Curfew Violations: Curfew violations occur when an individual, usually a minor, is found in a public place during restricted hours as designated by local ordinances.
In most states, misdemeanors are characterized by the fact that they are punishable by up to one year in a county jail facility and/or a limited fine. Misdemeanor sentences are not served in state prison facilities, which are reserved for felony charges.
What are Wobblers and Unclassified Misdemeanors?
Some states recognize “wobblers,” which are crimes that can be charged as either a misdemeanor or a felony, depending on the circumstances. Wobblers were originally created to give the justice system flexibility, but they only apply to certain crimes and individuals, such as first-time offenders or minors.
Other states have a category called unclassified misdemeanors. These crimes do not fit into any other classification of misdemeanors because they are unique or involve a new issue that state law has not addressed. Some common examples of unclassified misdemeanors include minor gambling offenses, moderate offenses like littering, and various traffic citations.
What are Gross Misdemeanors?
Gross misdemeanors are more serious than regular misdemeanors and typically result in harsher penalties. Examples of gross misdemeanors include drunk driving, aggravated assault, and crimes involving repeated behavior, such as stalking.
Although considered more severe than a regular misdemeanor, gross misdemeanors are still less serious than felonies. Furthermore, crimes classified as gross misdemeanors in one state may not be considered serious in another state.
Misdemeanor classes are usually associated with set penalties. For example, a Class A misdemeanor could result in up to one year in county jail and/or a fine of up to $2,500, while a Class D misdemeanor could result in up to thirty days in county jail and/or a fine of up to $250.
What are the Penalties for Misdemeanor Charges, and are there Any Defenses?
Misdemeanor penalties generally involve criminal fines and short jail terms. Sentences for misdemeanors are usually limited to a maximum of one year in a county jail, and fines are typically capped at $1,000. However, this can vary from state to state.
The specific consequences for a misdemeanor crime often depend on the exact type of offense committed. For example, a misdemeanor graffiti sentence might require the defendant to perform community cleanup in addition to other possible penalties.
There are several defenses available for misdemeanors and charges, with some of the most common being:
The applicability of these defenses will depend on the specific circumstances of the case and individual state laws. It is important to note that lack of evidence is not an active defense like self-defense; rather, it means there is insufficient evidence to prove that the defendant committed the misdemeanor.
Do I Need an Attorney If I Am Charged with a Misdemeanor?
If you are facing misdemeanor charges, consulting with an experienced criminal defense attorney is highly advisable. Your attorney can help you understand your state’s laws regarding misdemeanor classification and penalties and determine if any defenses apply to your situation. Furthermore, the attorney will represent you in court as needed.
Don’t wait any longer to get help. Use LegalMatch to find the right attorney for your misdemeanor charges today.
