What You Need to Know About the Legal Repercussions of a Misdemeanor
The penalties for a misdemeanor remain somewhat similar among states. Here’s everything you need to know about the punishments for misdemeanors.
Misdemeanors are crimes considered less severe than felonies, but more severe than an infraction or violation. Misdemeanors can be punishable by up to 12 months in jail. However, depending on the severity of the case, some misdemeanors are punished with community service or fines.
Sentencing for Misdemeanors
Most states classify misdemeanors by class or level, while others classify them with unique terms. These categories are determined by the seriousness of the crime and the punishment. States with classes/levels (such as Arizona, Maine, and South Dakota) include three categories:
- Class A or Level 1: the maximum term of imprisonment is anywhere from six months to one year.
- Class B or Level 2: the maximum term of imprisonment is anywhere from thirty days to six months.
- Class C or Level 3: the maximum term of imprisonment is anywhere from five days to thirty days.
The states which do not use classes or levels (such as Georgia, Hawaii, and New Mexico) often categorize types of misdemeanors by their severity with prefixes such as “petty” or “gross”. These terms and their punishments differ among states.
Any criminal offense that carries a sentence of more than six months is a misdemeanor. However, if the sentence is less than six months and/or the fine is less than $500, it becomes a petty offense.
Related: How to Handle a California CCW Background Check
Exceptions to Misdemeanor Classifications
In terms of misdemeanor classification, there are a couple of exceptions.
A “wobbler” is a crime in which seriousness and severity can vary considerably. These include but are not limited to:
- assault with a deadly weapon,
- vehicular manslaughter,
- money laundering,
- defacement of property.
It is the trial court’s decision whether to consider a wobbler offense a felony, misdemeanor, or what is known as an “alternative felony/misdemeanor”. This downgrading of felonies or upgrading of misdemeanors occurs so that the most appropriate punishment can be applied. The defendant’s criminal history and the severity of the crime can determine the decision.
Unclassified misdemeanors are another form of misdemeanors that do not fall into the traditional categories. These misdemeanors are offenses that are not designated to one of the three classes but are still punishable by the law. The maximum sentence and fine can differ as well. Examples of unclassified misdemeanors include:
- Tampering with a vending machine seal,
- Racing on the highway or wagering on highway races,
- Illegal sale of horsemeat products,
- Illegal purchase of alcohol for resale,
- Stealing, killing, or injuring a companion animal
Process of a Misdemeanor Trial
The process of a misdemeanor trial has three steps:
Arraignment and plea: When a person is charged with a misdemeanor, the court will set up an arraignment date. During the arraignment, the defendant can plea either guilty, not guilty, or no contest.
Pretrial proceedings and hearing: In the pretrial, parties will exchange evidence and discuss aspects of the case. The defendant is also given a chance to change their plea.
The jury/court trial: The trial can be held as either a jury trial or a court trial in which the jury or the judge respectively will determine the verdict. During the actual trial, the defendant will speak in their defense and the ultimate punishment will be decided.
Related: Charged With a Misdemeanor? Here’s What to Do
Other Consequences of a Misdemeanor
Being charged with a misdemeanor can impact a person’s life in ways outside of jail time and fines. People with a misdemeanor on their criminal record may face some of the following challenges:
- Difficulty applying for work or housing
- Ban on owning firearms (if the misdemeanor involves domestic violence)
- Driver’s license suspension or revocation
- Reduction of child custody rights
- Deportation (depending on the severity of the misdemeanor)
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