Featured News 2013 What is a Misdemeanor Crime?

What is a Misdemeanor Crime?

With so many news stations available on our televisions and the countless "crime" shows that air on a daily basis; it is safe to assume that most people have at least heard of the term "misdemeanor." However, what most people don't actually know is what a misdemeanor crime entails. While state laws may vary in some ways, generally there are three different categories of criminal charges available. First, there is an infraction which is basically a slap on the wrist for breaking the law. This would include a traffic ticket for speeding and then being forced to go to traffic school. On the extreme side there is a felony charge, meaning that if convicted a person could be spending years behind bars for their actions. Landing right in the middle is what is called a misdemeanor crime. This type of law breaking is punishable by the court though only your local court, and can result in a maximum sentence of only 1 year. The moment that your sentencing charge is higher than 1 year, your crime is automatically considered to be a felony act.

Even though a misdemeanor offense may not be as serious as a felony crime, it still can greatly affect your future and result in numerous other consequences from the law. For this very reason, if you have been accused of any form of crime, hiring a criminal defense attorney in your area is absolutely essential. As stated, a misdemeanor can only be punishable for up to one year behind bars, anything more is considered a felony crime. Along with this offense the consequences also involve probation time, community service, and fines up to $1,000. There are two different degrees of misdemeanor criminal charges with varying consequences. First off, there is a second degree charge which means that the person will spend no more than 60 days in jail if they are convicted. A first degree misdemeanor has more severe consequences and it is those who are convicted in this category that may spend up to a year in jail and pay the larger fine.

What, then, is considered to be a misdemeanor crime? Those who are facing misdemeanor charges are being accused of a lesser crime, one that the court wants to punish though nowhere near as severely as a felony crime. Assault charges may fall under this category if it was considered to be an intentional threat directed at another person with the intent to harm creating an atmosphere of fear. This charge means that it was obvious that the people had intent for violence and it was approaching. This usually results in a second degree charge. Battery can also be in this category as well if there is actually inflicted harm on another person intentionally. However, if the accused was ever convicted for a prior battery charge it will then be considered a felony crime.

Criminal mischief is another common offense that is deemed a misdemeanor crime. This can include a person who chooses to damage public or private property willfully such as by vandalism or graffiti. Depending on the severity of the act ill determine the level of charges, there are time in which a person can be charged with a felony offense as well. Other examples of misdemeanor crimes can include disorderly conduct, or disturbance of the peace, public intoxication, and petty theft, filing a false criminal report, loitering, and obstruction of justice, among many others. if you have been accused of a crime, no matter the severity, contact a criminal defense attorney in your area as soon as possible!

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