Minor Misdemeanor Charges and Their Penalties

Misdemeanors are offenses that are considered less severe according to the law. These offenses are classified according to their severity, as either a minor misdemeanor or a gross misdemeanor. As the name suggests, minor misdemeanors are less serious than gross misdemeanors. Minor misdemeanor charges are often punished with the shortest terms of imprisonment; in some cases a simple monetary fine can release the offender of criminal charges.

It should noted that in minor misdemeanor cases, offenders do not have the right to trial by a jury; if they wish to have such a trial, they must pay a fee. Misdemeanor cases pertaining to traffic offenses can be processed in alternate courts, like traffic court. Less significant offenses are often classified as infraction or regulatory offenses. For instance, violation of traffic rules is a crime, but usually does not result in a prison sentence. Most of these infractions result in fines to the offender.

The laws for prosecuting and defending misdemeanor offenses vary from state to state; different states may attach varying levels of significance to a particular crime. The social, cultural, and political aspects of an area also come into play. Overall, the term of incarceration is not more than one year in case of criminal misdemeanor offenses.  Since the laws and punishment regarding misdemeanors can vary, it becomes necessary to seek the help of an attorney with expertise in the particular state's laws.

Common Types of Misdemeanor Cases

Some common misdemeanors include property offenses, shoplifting, retail fraud, and refund fraud. Property offenses involve crimes that involve intrusion or damage to the property of others. Such offenses include vandalism, trespassing and spiteful destruction of property.

The United States legal system treats petty theft as a prominent minor misdemeanor offense. Other minor misdemeanor crimes include prostitution, possession of drugs or narcotics, driving without a license, and driving under the influence of alcohol or drugs (DUI). Disorderly conduct, such as assault and public fighting, is considered a minor misdemeanor. Other common offenses are illegal parking in a handicapped space, parking in a fire lane, speeding, and running a stop sign. All of the above crimes are treated with less severe punishment; however, repeated instances of the same crimes might lead to serious punishment.

Minor Misdemeanor Punishments

The minimum prison sentence for a minor misdemeanor is five days, while the maximum sentence is one year. Other punishments for minor misdemeanors include house arrest with monitoring, probation, parole, weekend imprisonment, and community service. Sometimes, misdemeanor penalties include loss of certain privileges, such as revocation of professional licenses, removal of bonding, and removal from positions in public office. An individual convicted of DUI may lose his or her driving privileges, and may be barred from driving school buses or taxi cabs.

There are different classes of misdemeanor crimes; each class has its own penalties. Some misdemeanors are unclassified, such as first-time marijuana possession. This particular offense results in a maximum prison term of one month.

Minor Misdemeanors and Background Checks

If you have a previous misdemeanor conviction, you should request to have the record expunged before applying for a new job. Employers often conduct background checks on potential employees, and a misdemeanor record will reflect negatively on you. In some cases, a clearance document is required for expunging of records; legal experts can help you with the process.