Gross Misdemeanor Categories

Gross misdemeanor is that crime which is serious of all misdemeanors but lesser than felonies. The definition of this particular classification of crime is different in every state of US, so there is no one definition ascribed to it. For example, according to Washington State law, any crime apart from felony and misdemeanor is gross misdemeanor and its penalty is incarceration of up to one year and/ or monetary fine up to $5000. Reckless driving is a case of gross misdemeanor in this state.

Again, in Minnesota offenses like DWI of second and third Degree is gross misdemeanor. Penalty for it is one year imprisonment or fine not to exceed $3000. In Nevada, the definition of the gross misdemeanor is identical to that of Minnesota and so is the incarceration period. The maximum amount charged as fine in Nevada is $2000. Similarly, in California, there is no such legal term used. The concept is used as felony crimes in which there are possibilities of spending more time in jail or state prison.

Categories of Gross Misdemeanors

Often subsequent misdemeanors are treated as gross misdemeanors. Some of the common examples of this kind of crimes are DUI, DWI, any serious misdemeanor offense done for the sake of gang, instigating minor to commit misdemeanor crime of gross type etc. Also, if an individual has been sentenced for a jail term of more than one year, and thus is ineligible to possess any pistol or semi-automatic assault weapon, violation of this clause comes under this category. This category of misdemeanor is applicable only for adults. Usually the cases of gross misdemeanors are heard in District Courts, along with the cases of misdemeanor and traffic citation.

Two serious gross misdemeanors in Washington State are trespassing and riot. If a suspect is found with a weapon in riot like situation, then it is treated as Class C Felony. Entering into a building knowingly but unlawfully is a serious offense of this type. Criminal mischief of third degree can be called gross misdemeanor only when the fine charged for the offense is more than $50. Otherwise, it is regarded as misdemeanor.

Gross Misdemeanor Arrests

When making a gross misdemeanor arrest, the whole of police team is considered as one. So, if one officer sees the crime being committed, an arrest can be made on the basis of that because law sees it as if the crime has been committed before the officer who has arrested the offender. At the same time, to make an arrest, the officer must be present before or while the crime is in process of committing. An arrest or even an investigatory stop is not legal if the crime has been already committed days before. Police officers are allowed to make custodial arrest for gross misdemeanors if they think that arrest is required to avoid some physical harm, if the suspect continues with the misconduct or if the officers on duty feel that citations are not sufficient for the suspect. For the last case, failure to appear before the court multiple times can be cited as example.