As a general rule, a misdemeanor is a criminal offense that carries a penalty of up to one year in detention. In most instances, the incarceration is in a county jail or similar facility, rather than a prison. Most misdemeanor convictions also require the payment of a fine. Probation, community service and restitution (repayment of the victim’s losses) may be ordered. If you have been charged with a misdemeanor, you have the right to trial established by the U.S. Constitution.
Examples of Misdemeanor Charges
Often, what differentiates a misdemeanor from a felony is the severity of the crime. For example, theft crimes under a certain dollar amount—typically identified as petty theft or petty larceny—are generally misdemeanors, but theft crimes over a certain dollar amount—grand theft or grand larceny—will be tried as felony offenses. Some minor drug offenses, such as possession, are customarily misdemeanors, unless the evidence suggests that the possession was with the intent to sell, which may make the charge a felony.
Other crimes considered misdemeanors include:
- Most DUI/DWI charges
Even though a misdemeanor results in a lesser punishment, it will still appear on your criminal record.
Defamation: What You Need to Know
By: Bianca Ybarra, Esq. With the rise of social media, there is no longer a traditional “reasonabl…Read More 15 Dec 2017, Friday
Bank Fails to Establish Standing to Bring Foreclosure Suit
By: Elliot Schlissel A foreclosure lawsuit was brought before Justice Marguerite Grays in the Suprem…Read More 01 Dec 2017, Friday
Unfairly Disinherited! Legal Action You Can Take
By: Elliot Schlissel The Bible says the love of money is the root of all evil. George Bernard Shaw s…Read More 28 Nov 2017, Tuesday