Terms
Misdemeanor
A misdemeanor is a criminal charge that is less serious than a gross misdemeanor or a felony. A misdemeanor is typically a crime that is punishable by less than one year of incarceration and a certain maximum fine. Some crimes can be considered a misdemeanor or a felony depending on the specific facts of a case. In some criminal cases, a person charged with a felony offense will be charged with additional misdemeanor charges as part of the prosecution's statutory scheme. A criminal defense may also succeed in reducing charges from a felony to a misdemeanor offense, which can be very advantageous to a defendant.
Some examples of misdemeanor offenses include certain traffic violations, property theft at a value lower than a specific amount, trespassing, disorderly conduct, possession of a controlled substance, and more. Each state has passed specific laws which apply to the classification of criminal offenses. Many states also have a system which classifies misdemeanor offenses based on severity.
A felony crime is more serious and is punishable by more than one year of prison or even death. The criminal process for felony offense cases differs from the process employed for misdemeanor crimes. In a misdemeanor case, the prosecution will not often convene a grand jury to indict the defendant. In many jurisdictions, individuals who face misdemeanor charges are not granted the right to a court appointed lawyer as they are in felony cases. Though the potential punishment is less serious than for a felony, a misdemeanor is a criminal offense and one charged with this offense will greatly benefit from professional legal help to protect their legal rights and options.
A person who is charged with a misdemeanor will face a criminal trial by judge or jury to determine their guilt or innocence. In many jurisdictions, misdemeanor cases are handled in special courts that use abbreviated procedures. A defendant will often have to request and pay for a jury trial, if they seek this legal option in a misdemeanor case. If convicted, a judge will usually have broad discretion in determining the sentence, or penalty, imposed. In cases of misdemeanor traffic violations, the court will typically have a pre-determined fee schedule that will determine the penalty for their crime.
If convicted of a misdemeanor, the offender may face incarceration, fines, and additional penalties. The additional penalties for a misdemeanor will often depend on the type of offense that was committed. For some misdemeanor convictions, a person's driving privileges may be revoked for months and even years. Some people convicted of a misdemeanor may lose the right to possess a firearm, or may have a concealed weapon permit permanently revoked. A misdemeanor conviction may also be grounds for employment termination and may preclude a person from obtaining a professional license and similar credentials and opportunities.
If you have been charged with a misdemeanor, you may wish to contact us to speak with a qualified and experienced attorney who can evaluate your case to determine how best to protect and maximize your legal interests.
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