Misdemeanor Charges

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 What Is a Misdemeanor?

The US federal criminal code divides crimes into two primary categories: felonies and misdemeanors.

A misdemeanor is a category of criminal offenses in the United States that are considered less severe than felony crimes but more serious than a simple citation.

Misdemeanor offenses typically carry a maximum punishment of up to one year in jail and a fine not exceeding $2,500. Individual states may further categorize misdemeanors into distinct classes based on the severity of the crime.

Misdemeanor classes may differ from state to state, including the specific range of punishments for each class.

Generally, misdemeanors are classified into four categories, designated either numerically or alphabetically. Some states identify a Class A misdemeanor as the most severe, with a Class D misdemeanor being the least severe.

The typical breakdown of misdemeanor classes is as follows:

  1. Class 1 or Class A: Punishable by a fine of up to $2,500 and/or up to one year in a county jail facility (not to be served in a prison facility);
  2. Class 2 or Class B: Punishable by a fine of up to $1,000 and/or up to six months in a county jail facility;
  3. Class 3 or Class C: Punishable by a fine of up to $500 and/or up to three months in a county jail facility; and
  4. Class 4 or Class D: Punishable by a fine of up to $250 and/or up to thirty days in a county jail facility.

What Are Some Examples of Misdemeanor Charges?

Misdemeanor charges encompass a wide range of crimes, and some misdemeanors may be elevated to felony charges based on the severity of the offense.

It is important to note that state criminal statutes may differ on what constitutes a misdemeanor charge, with each state classifying crimes uniquely.

Simple Assault or Battery

This refers to the act of placing someone in fear of immediate danger or engaging in unwanted touching, typically following threatening conduct.

Physical contact with the victim is not necessary for an assault to occur.

Simple assault is generally considered a misdemeanor crime in most jurisdictions.

Example
John is walking down the street when he encounters his neighbor, Mark. The two have had ongoing disputes regarding property boundaries.

As John approaches, Mark begins to yell and threaten John. Mark then aggressively raises his fist and swings it toward John, stopping short of making contact.

In this scenario, Mark has committed simple assault because he placed John in fear of immediate danger without physically touching him. This would likely be considered a misdemeanor in most jurisdictions.

Harboring a Runaway Child

In some states, harboring a runaway child is classified as a misdemeanor crime due to the individual’s criminal negligence.

To be convicted of harboring a runaway child, the child must be under the age of eighteen and have voluntarily left their home without their parent’s or guardian’s consent.

This misdemeanor is considered a Class A in Texas, for example.

Example
Samantha, a 16-year-old girl, decides to run away from home because she is unhappy with her family situation.

Samantha’s friend, Emily, who is 21, offers her a place to stay without informing Samantha’s parents or attempting to return her to her family.

In this case, Emily is harboring a runaway child.

Since Samantha is under the age of eighteen and left her home voluntarily without her parents’ consent, Emily may be charged with a misdemeanor crime, such as a Class A misdemeanor in Texas.

Criminal Mischief

Criminal mischief typically involves property damage and may include deliberately damaging, defacing, altering, or destroying another person’s property without their consent.

Example
Jack is upset with his coworker, Susan, for getting his desired promotion. In retaliation, Jack decides to sneak onto Susan’s property late at night and spray-paint derogatory messages on the side of her car.

Jack’s actions involve deliberately defacing Susan’s property without her consent, making this an example of criminal mischief. This would likely be categorized as a misdemeanor offense.

Theft

Not all theft crimes are misdemeanors, as some theft offenses are classified as felonies. Whether a theft crime is a misdemeanor or a felony depends on the specific circumstances of the crime and the value of the stolen property. Misdemeanor theft generally involves property valued at less than $500.

Example
Lucy visits a department store and notices an expensive purse she admires but cannot afford. She decides to steal the purse, which is valued at $450.

Since the value of the stolen property is less than $500, Lucy’s theft would generally be considered a misdemeanor crime.

If the value of the purse had been greater than $500, her theft could potentially be classified as a felony, depending on the jurisdiction’s laws.

Other Misdemeanor Charges

Other common misdemeanor charges include:

  • Reckless conduct causing harm to or endangering another person’s bodily state;
  • Firing a gun in public;
  • Interfering with custody;
  • Cyberbullying;
  • Obstructing a public officer;
  • Trespassing;
  • Criminal coercion;
  • Public drunkenness; and
  • White-collar crimes include computer or internet fraud, bankruptcy fraud, bribery, etc.

What Are Wobbler Crimes?

In addition to misdemeanors and felonies, some states recognize “wobbler” crimes, which fall between misdemeanor and felony classifications. Wobbler crimes allow the criminal justice system to operate flexibly, as charging and sentencing depend on the specifics of each case.

Can a Misdemeanor Charge Be Expunged?

Expungement is a court-ordered process in which a person’s criminal record of an arrest or criminal conviction is sealed, effectively treating the crime as if it never occurred. Once an expungement is granted, the defendant may legally claim they were never charged with that crime.

This process provides the defendant with a clean record, making finding employment, housing, and other opportunities easier. However, the expunged crime may still be visible to law enforcement personnel.

Misdemeanor expungement is generally reserved for those who have completed their criminal sentencing and have maintained a good record since then. It is also common for first-time offenders and juvenile offenders.

Additionally, a specific waiting period must pass after the last conviction before a misdemeanor may be expunged, which can range from five to ten years. Not all crimes are eligible for expungement.

Do I Need an Attorney for Misdemeanor Charges?

If you are facing misdemeanor charges, it is advisable to consult with a qualified and experienced criminal defense attorney.

A skilled criminal defense attorney can help you understand your state’s specific classifications of misdemeanor crimes, determine your eligibility for any defenses, and represent you in court as needed.

By enlisting the assistance of an attorney, you can better navigate the complexities of the legal system and work towards a favorable outcome for your case.

LegalMatch is an online legal matching service that can help you find a qualified attorney for your specific legal needs.

By using LegalMatch, you can fill out a brief questionnaire detailing your legal issue. LegalMatch will match you with attorneys in your area who have experience handling similar cases. You can review the attorney’s profile and ratings from previous clients and then decide whether to schedule a consultation with the attorney.

Use LegalMatch to find an attorney who is knowledgeable about misdemeanor charges and can help you achieve the best possible outcome for your case.

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