Misdemeanor Offense Descriptions and Penalties

A misdemeanor refers to misbehavior, and it is considered as a criminal charge in the United States of America. Misdemeanor offenses are lesser in significance both in respect to nature of the offense and penalty imposed on it. Greater crimes are termed as felonies, and they are treated with harsher sentence of punishment. However, it is to be noted that some misdemeanor offenses have a permanent and negative impact on the personal and professional life of an individual that has committed the offense. That individual may be debarred from specific career opportunities, fail to qualify for bonding, or get refused for sanction of school loan from governmental aides.

Misdemeanor Law

The existent misdemeanor law and legislation of a state classifies misdemeanor offenses on the basis of severity of the crime committed. Class A, Class B, and Class C misdemeanors are the broad classifications of misdemeanor cases. The basic difference between these classifications is in the penalty.

Types of Misdemeanor Offenses

Common misdemeanor offenses are homicide, kidnapping, property crime, stalking, illegal search crimes, sex crimes, traffic offenses, and white collar crimes. Homicide might result from an attempt of self-defense, or it might result from negligent vehicular driving in a state of intoxication. Sex crimes include child abuse, sexual assault, pornography, cyber sex offenses, and displays of obscene material or behavior. White collar crimes refer to embezzlement, fraud, and false pretenses. Some other types of common misdemeanor offenses are theft, assault, battery, DUIs, and illegal possession of marijuana or other drugs.

Misdemeanor Theft

The most common instance of theft is shoplifting, which is taking something from a store without paying for it. Pickpocketing is another instance of theft. Theft is considered to be a Class B Misdemeanor, and it is usually punished by one year of imprisonment and a fine of $2000.

Misdemeanor Assault

Assault and battery are both crimes that refer to the physical harm and/or injury of another individual. However, but the crime of battery is even more severe. Assault refers to a show of force or violent behavior imposed on others.  This misdemeanor offense may or may not be violent.

Battery refers to unlawful physical contact. From the layman’s point of view, assault can be seen as a case of attempted battery. Cases of battery misdemeanor offenses can be classified as simple battery, sexual battery, domestic violence battery, and aggravated battery. (Aggravated battery often falls into the grade of felony, because it often results in bodily disfigurement or loss of limbs.) The punishment for cases of assault and battery requires the wrongdoer to pay some amount for the damages caused. These can include damages for suffering, damages for doctor's visits and medications, and damages for lost earnings.

If the accused is found to be criminally liable for assault or battery, the penalty imposed includes both imprisonment and a fine. If a minor is accused of battery or assault, it is more likely that they could be tried as an adult.

Misdemeanor DUIs

DUI misdemeanor offenses refer to the damage of human lives or property that occur when a driver is operating a motor vehicle under the influence of alcohol and/or drugs. DWI, or driving while intoxicated, is an interchangeable term for these misdemeanor offenses in many states of the nation. It is punishable by a maximum of 1 year of imprisonment, fines, and suspension of driver's license privileges. Repeated DUI/DWI cases can be treated as aggravated crimes, which are punishable by more serious penalties.

Misdemeanor Drug Possession

The illegal possession of drugs and marijuana is classified under misdemeanor offenses, and it is punishable by one month imprisonment in jail.

Misdemeanor Offense Penalty

A person convicted of a misdemeanor offense can be punished by imprisonment in a local or county jail, or he may have to face a fine imposition. Some charges may result in both fines and imprisonment. In case of repeated offenders, the penalty is more severe. Apart from these, misdemeanor penalties include probation, house arrests, community service, CalTrans or physical labor punishment, restitution, stay-away orders, or counseling. The last penalty is directed for the betterment of the individual, because the accused is made to undertake classes of anger management.

Please note: the actual the period of imprisonment, fine amounts, or penalties for misdemeanors may vary from one jurisdiction to another.