When you are arrested and charged with a crime, you will be charged with either a misdemeanor or a felony. These are classifications of offenses used to describe different types of crimes with varying levels of severity.
But, what is a misdemeanor exactly?
This guide explains what a misdemeanor is, what kinds of penalties you could face if convicted of a misdemeanor and what the difference is between a misdemeanor and a felony offense.
What Is a Misdemeanor?
A misdemeanor is a type of criminal offense that is not as serious as a felony offense.
But, what is a misdemeanor can vary slightly by state. Generally, any crimes with a maximum penalty of a year or less in prison are considered misdemeanor offenses. However, in some states, longer jail terms could apply. The statute defining a particular type of misconduct classifies the offense as a misdemeanor.
In some states, if a crime carries a maximum penalty of six months or less, it is a petty offense. And, in many states, misdemeanors are divided into different classes or categories. For example, states might have the following categories of misdemeanor offenses:
- Class A misdemeanors punishable by up to a year of imprisonment.
- Class B misdemeanors punishable by up to six months imprisonment
- Class C misdemeanors punishable by up to 30 days imprisonment.
In contrast to misdemeanors, conviction for a felony offense usually results in penalties that include more than a year of incarceration.
Examples of Misdemeanors
Although the laws vary slightly from one state to another, the following types of crimes are usually considered to be misdemeanor offenses:
- Drunk driving offenses, especially for first time offenders
- Reckless driving
- Driving on a suspended license
- Driving without insurance
- Trespassing
- Shoplifting items under a certain value
- Indecent exposure
- Simple assault
- Prostitution
- Drunk and disorderly conduct
- Possession of certain controlled substances
If you are arrested and charged, you must be informed of the nature of the charges and of whether the offense you are being charged with is a misdemeanor or a felony.
When Will You Be Charged With a Misdemeanor?
You can be charged with a misdemeanor offense if there is probable cause you violated a law and committed a crime classified in the state as a misdemeanor.
Prosecutors do have some discretion as to when to charge you with an offense, as well as what offense classification to charge you with. For example, your offense may fall into the gray area between being a Class B or Class C misdemeanor and a prosecutor will make a judgment call to determine what specific offense best describes the misconduct you allegedly committed.
If a prosecutor charges you with a misdemeanor, the prosecutor has the burden of proving beyond a reasonable doubt that you committed the offense. If a prosecutor cannot meet the burden of proof, you should be acquitted of the misdemeanor charges.
Penalties for Misdemeanors
Penalties for misdemeanors are set by the state where you live and vary depending on the specific details of the misdemeanor crime. Some possible consequences if you are convicted of a misdemeanor include the following:
- Jail time for under one year
- Fines
- Community service
- Driver’s license suspension
- Participation in a drug or alcohol treatment program if your misdemeanor related to controlled substances or impaired driving
The law dictates which penalties apply to you upon a misdemeanor conviction. There may be mandatory minimum sentences for some misdemeanors, in addition to maximum sentences. For example, if you are convicted of a particular type of misdemeanor, your state may specify you need to spend a minimum of two days or seven days or 10 days in jail.
How Serious Are MIsdemeanor Charges?
Misdemeanor charges are serious. You can still face jail time for a misdemeanor, and will be left with a criminal record that can affect future opportunities. You will have to go to court to respond to misdemeanor charges, which can be stressful and expensive. And, in some cases, committing repeated misdemeanors may result in an escalation of penalties or even felony charges in the future.
You do not want to take misdemeanor charges lightly. You should work with an experienced criminal defense lawyer to explore options. Because misdemeanors are not considered to be as serious as felony charges, you may have more options available to you such as participating in a pre-trial diversion program to lessen the severity of your penalties.
Your attorney can help you to determine if you should plead guilty to the charges, which means admitting guilt in exchange for being charged with a lesser offense or having less serious penalties imposed. Your attorney can also help you to raise defenses that introduce reasonable doubt, as a prosecutor has the burden of proving you committed a misdemeanor in order to secure a conviction.
Misdemeanors can arise from many different kinds of misconduct, so be sure you have a lawyer familiar with cases similar to yours. For example, a DUI attorney should be consulted if you are accused of a misdemeanor offense related to impaired driving, while a lawyer whose practice is focused on shoplifting would be a better advocate for you if you’re accused of petty theft.
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Frequently Asked Questions (FAQs)
What does a misdemeanor mean?
A misdemeanor is a type of criminal charge. Typically, you are charged with a misdemeanor if you have committed a criminal offense that carries a penalty of up to a year in jail. In contrast, you would be charged with a felony only if the offense could result in a year or more of incarceration upon conviction.
What are some common misdemeanors?
You can be charged with a misdemeanor offense if you broke the law, but the severity of your breach does not justify felony charges. Common misdemeanors include a first-offense drunk driving offense, shoplifting, and simple assault.
What are the penalties for a misdemeanor?
Penalties for a misdemeanor can include jail time. You could be sentenced to a term of incarceration lasting up to one year when you are found guilty of a misdemeanor offense. You could also be required to do community service and/or pay a fine. And you’ll be left with a criminal record that will impact future opportunities.
