In the majority of states, a misdemeanor is defined as a type of criminal offense for which a person who is convicted may receive a small criminal fine for, up to twelve months of imprisonment (i.e., one year maximum sentence), or both as punishment.
Misdemeanor charges are usually more serious than receiving a citation or infraction, but are less serious than being charged with a felony offense. However, the definition for misdemeanor charges will change according to the laws of a particular state since each state has its own classification system.
Despite the differences between varying state statutes, the most common characteristic found across all definitions of a misdemeanor is the fact that it is typically only punishable for up to a year in prison.
Some examples of crimes that are generally categorized as misdemeanors include the following:
As is evident from the above list, a broad range of crimes may be classified as misdemeanors. Again, whether or not an offense is labeled a misdemeanor crime will all depend on the laws in a particular jurisdiction and the circumstances of an individual case.
Eligibility: Any individual may be charged with a misdemeanor if they are suspected of conduct that violates the misdemeanor laws of a state. No specific eligibility requirements exist beyond the general capacity to commit a criminal offense, even though some defenses may apply based on mental capacity or age.
The criteria for what constitutes a misdemeanor as well as who may be held responsible is defined by statutes in each individual state as well as legal precedents.
Process/Steps: The process of a misdemeanor case typically starts with a citation or arrest. After this, the defendant will be arraigned, where they are informed of the charges against them and will enter a plea.
Pre-trial motions as well as negotiations may also occur, which can sometimes result in a plea bargain. If an agreement is not reached, the case will proceed to trial. If the defendant is found guilty, they will be sentenced according to applicable laws.
What Is the Difference Between a Felony vs. Misdemeanor?
The primary difference between a felony and a misdemeanor is that felonies tend to be more serious offenses, which often involve an element of violence. As such, the other main difference between the two is the form of punishment that a convicted defendant can receive.
Since felony charges are more severe than misdemeanors, they frequently result in a prison sentence that lasts longer than a year and may also include having to pay a greater amount in criminal fines.
In general, crimes that are classified as felonies usually require proof of a higher mental state of intent (i.e., mens rea) than the level necessary to commit a misdemeanor. Felony crimes also tend to cause greater harm to its victims, which can include injuring an individual, society overall, or more severe property damage.
For example, the felony offense known as “grand theft” typically involves the theft of property with a dollar amount that exceeds $1,000. In contrast, the lesser misdemeanor offense known as “petty theft” applies to the theft of property that is valued at $1,000 or less. Again, these values may vary in accordance with specific state statutes.
Additionally, most misdemeanor offenses are victimless crimes, such as being in contempt of court, receiving certain traffic citations, and committing disorderly conduct. On the other hand, felonies usually result in severe bodily injury or damage, and sometimes even death. Some examples of felonies include first-degree murder, rape, and robbery.
One other final discrepancy between the two is that although both will appear on the defendant’s criminal record, misdemeanor charges are relatively easier to have expunged or removed than felony charges.
Are There Different Types of Misdemeanors?
As previously mentioned, most states have a classification system that identifies how to determine whether it falls under a misdemeanor offense and what the resulting sentence should be for committing a particular type of misdemeanor crime. For example, a state may divide misdemeanor crimes into levels, such as Class 1 or A, 2 or B, 3 or C, and so on.
The state may also categorize it by the amount of damage or injury caused by the crime. For instance, Class A misdemeanors are usually reserved for the more serious sorts of crimes that warrant greater punishment, but still fall below those crimes and punishments that would qualify it to be a felony.
In contrast, Class D misdemeanors involve the least serious types of misdemeanor offenses. However, most states stop classifying misdemeanors (i.e., unclassified misdemeanors) at Class C.
As a general example, a misdemeanor assault that results in bodily injury will most likely be classified as a Class A misdemeanor offense. If the injury leads to severe damage or death, then the crime can be elevated from a misdemeanor offense up to a felony charge (e.g., homicide).
Additionally, the misdemeanor assault can also become a felony charge when it involves an aggravating factor, such as if the assault was committed with the use of a deadly weapon, if the defendant was a repeat offender, or if the assault victim was a child or minor.
Can Misdemeanors Be Felonies?
As discussed in the above section, misdemeanors can easily become felony charges. The types of factors that may upgrade a misdemeanor to a felony offense include:
- Who the victim was (e.g., was it a child, police officer, elderly person, or pregnant woman?)
- Whether there were aggravating circumstances present (e.g., using a deadly weapon while committing the crime, being a repeat offender, or impersonating or defrauding a government official)
- The amount of damage or injury done to the property or a person
- Lack of proof for a defense (e.g., nothing to reduce the felony to a misdemeanor or lower offense)
A misdemeanor may also be charged as a felony when the crime committed is what is known as a “wobbler offense.” Whether a crime is classified as a wobbler will depend on a state’s penal codes.
For instance, a state criminal statute may provide that if a defendant meets five out of the six requirements for a misdemeanor crime, it will “wobble” and turn into a felony offense.
Other factors that may contribute to “wobble” an offense include the defendant’s prior criminal record, the severity of the crime, and the age of the defendant.
Is a Petty Offense the Same as a Misdemeanor?
Infractions (or citations) are often described as petty offenses that result in criminal fines, but usually no jail time. As discussed, they are generally considered less serious offenses than both misdemeanor and felony crimes.
Some common examples of infractions include building permit violations, jaywalking, littering, fishing without a license, and minor traffic violations.
It is important to note that not all petty offenses are infractions. Some states use the term “petty offense” to refer to certain types of misdemeanor crimes.
A perfect example of this is the crime of misdemeanor larceny. Misdemeanor larceny is the property of theft that is valued below a specific dollar amount (usually $1,000 or less). Some states define misdemeanor larceny as “petty larceny” or “petty theft”, which can easily be confused or considered as a “petty offense.”
Despite its name, however, “petty larceny” is not actually a petty offense and thus a person convicted of it can be subject to more than an infraction. In fact, being convicted of a petty offense can lead to having a criminal record, paying heavier fines than those for infractions, and possibly serving a jail sentence that could last for up to one year.
What Are Some Other Considerations Related to Misdemeanors?
Timelines: There are typically statutes of limitations for misdemeanor offenses. However, they often vary by jurisdiction and specific offense.
These statutes provide a time limit within which the prosecution has to begin legal proceedings. If this time limit expires, charges cannot be filed. It is important to consult with a local lawyer to determine the specific statute of limitations for a specific misdemeanor in any given jurisdiction.
Costs/Fees: There may be various costs associated with misdemeanor charges, including court fees, restitution to the victim, and probation costs. There may also be the cost of legal representation.
In some cases, a conviction may result in increased insurance premiums or other indirect financial burdens on the defendant. The specific costs may vary depending on the nature of the offense and the jurisdiction.
Evidence/Documents: Examples of common types of evidence in misdemeanor cases include witness statements, physical evidence such as photos and videos, and police reports. Examples of documents may include financial statements, medical records, and other records that may be relevant to the charges.
The specific evidence that will be needed will depend on the nature of the misdemeanor as well as the facts of the case. It is important to consult with a local attorney to determine what evidence is relevant and how to present it most effectively.
Risks/Penalties: In addition to jail time and criminal fines, misdemeanor convictions may have long-term consequences, including a criminal record, issues finding housing or employment, and restrictions on certain privileges or rights. A conviction may also impact professional licensing and an individual’s immigration status.
The specific consequences a defendant will face depends on the nature of the misdemeanor as well as the laws of the jurisdiction. Expungement or sealing an individual’s record may be available in certain cases in order to mitigate these long-term consequences.
The Importance of Hiring a Lawyer: Some defendants may consider representing themselves in misdemeanor cases when the charges are minor, the potential penalties are minimal, or they feel confident that they understand the local laws and court procedures. Representing oneself, however, can be very risky, as the legal system is complicated to navigate and rights can be inadvertently waived.
In general, it is always advised to seek advice from a local lawyer, especially in cases where the charges are serious and the potential consequences may significantly impact the defendant’s life.
Do I Need a Lawyer If I Have Been Charged with a Misdemeanor?
It is crucial to review a state’s criminal statutes after being charged with a crime. It could mean the difference between having to pay a fine or going to jail. Therefore, it may be in a defendant’s best interest to hire a criminal defense attorney for further assistance and legal guidance on these issues.
