Common Types of Misdemeanor Punishment Options

Criminal offenses are classified as misdemeanors or felonies depending on their severity. Misdemeanors are relatively less severe crimes than felonies. Consequently, a misdemeanor punishment is relatively less severe. Crimes such as simple assault, petty theft, prostitution, disorderly conduct, vandalism, trespassing, some DUI or driving under influence cases, traffic violations, rash driving, shoplifting, drug possession, reckless driving, and certain sexual offenses are regarded as misdemeanors.

Misdemeanor Classifications

Misdemeanors are classified as Class 1, Class 2, Class 3, and Class 4 according to the punishment. The penalties for misdemeanor include imprisonment, hefty fines, and loss of privileges, probation, and suspension of driver’s license. Certain sex offenses are considered as misdemeanors. It is mandatory for them under the United States laws to register with the relevant law enforcement agencies and to report from time to time.

Misdemeanor Punishments

Misdemeanors punishment can either be a sentence served or a fine or both. The duration of the sentence and the amount of the fine varies with the nature of the crime committed. These are different for different states of the United States as well.

For example, in the state of Virginia, Class 1 misdemeanor punishment is either a jail sentence for up to twelve months or a fine not exceeding $2,500 or both. Punishments for Class 2 misdemeanors can either be a jail sentence of less than or equal to six months and/or a fine, the amount not more than $1,000. Class 3 and Class 4 misdemeanors are not punishable by jail sentences. The amount of fines payable in these cases are $500 and $250 respectively. Misdemeanor punishment to serve a sentence for a misdemeanor is not executed in a prison. The convicted offenders are sent to a jail instead. Probation or community service are also used as correctional methods for misdemeanors.

In the state of Ohio, all class 4 misdemeanors are punishable by a jail sentence not exceeding one month or a fine not more than $500 or both of these. To know more about Ohio misdemeanors visit http://www.ohiolaw.net/pdf/misdnew.pdf.

Avoiding Jail Time for Misdemeanors

In case of a misdemeanor punishment of jail sentence is usually avoidable. Other than having the charges against a defendant dismissed or winning the trial, the defendant can also opt for a plea bargain. Usually people charged for a misdemeanor prefer to pay a hefty fine than to serve a sentence in the jail. If any defendant cannot afford to pay the huge sum of money as a fine, he or she may also serve the sentence in weekends until the duration of sentence is complete.

Since class 4 misdemeanors are considered minor crimes, a jail sentence can be avoided with the help of a good attorney. It must be noted that defendants who have previous criminal background cannot avoid a jail sentence.

Loss of Privileges

Misdemeanor punishment can also result in the loss of certain privileges. DUI cases where no accident occurs and nobody is killed or gravely injured are considered as misdemeanors. Under such circumstances, the offender may lose his driver’s license or suffer from loss of employment or not getting employed. This is because the criminal records of each state store this information. These can be accessed by employers while performing background checks and this may result in loss of job.

Reading the specific laws of each state will help in understanding the offenses and misdemeanor punishment better.