Types of Misdemeanors and Their Consequences

Misdemeanors are considered minor crimes and include most traffic offenses and convictions which would carry a jail sentence of less than a year in most cases. The Federal government of the United States uses this definition, so most states also follow this general rule.

There are many offenses which are considered misdemeanors, including:

•    Petty theft such as shoplifting
•    Prostitution
•    Public intoxication
•    Simple assault that results in only minor injuries
•    Disorderly conduct in which the person is disorderly but does not resist arrest
•    Trespassing unless there is property damage involved
•    Vandalism
•    Giving false information to the police or other authorities

DUI (driving under the influence of drugs or alcohol) rules vary by state. First offenses are often considered misdemeanors, depending on the circumstances of the DUI arrest and conviction. Second and third offenses will add up, especially if they occur within a short period of time. In most states, even a first time DUI conviction carries a mandatory jail sentence.

Tickets and Citations for Misdemeanor Offenders

Most misdemeanor offenses do not result in an arrest. The police officer will give you a ticket (also known as a citation) and you are sent home. The citation tells you what laws you violated and when and where you must appear for a court date. Some tickets can be solved simply by paying the fine before the court date, but you must carefully read the ticket to know if this is true.

Keep in mind that if you pay the fine associated with the citation you are pleading guilty to committing the crime. In this instance, the conviction will appear on your criminal record, though it will show up as a misdemeanor conviction.

If you do not agree with the citation, you always have the right to plead “not guilty” and tell your story to a judge. You do not necessarily need a lawyer to represent you in court, because the judge is required to listen to your story before pronouncing sentence. If you do appear in court you must have evidence or eyewitness testimony that proves you did not commit the crime.

Once you have pled guilty to a misdemeanor (either by paying the fine or by appearing in court) the judge will tell you what your sentence will be. You have the right to appeal under certain circumstances, but if you are convicted that will probably be your last chance to protest the citation.

If you have any questions about a ticket, call the court administrator to ask for clarification. The court administrator’s phone number should be on the ticket. You must never ignore a ticket just because it is a misdemeanor, because you may be subject to full fines or even jail time if you do not appear when you are supposed to or do not pay your fines on time.

Usual Penalties for Misdemeanor Crimes

Many misdemeanors are punished through fines or community service. Jail sentences may be stayed (set aside) if the person convicted of a misdemeanor pays fines on time or serves a certain number of hours with community service organizations. Community service must be performed with recognized non-profits such as the local food shelf, Habitat for Humanity, homeless or women’s shelters, or even picking up trash on the side of the road. The judge or the probation office will help a person convicted of a misdemeanor to choose an appropriate community service organization.

Courts also vary in the types of diversion programs a person may attend as one penalty for a misdemeanor offense. Diversion programs could be driving school for traffic offenders, anger management classes for assault offenders, or community drug and alcohol programs for those types of crimes. Under certain circumstances, you may be able to avoid a conviction altogether if you complete a diversion program exactly as the judge tells you to.

Many states have enacted “three strikes” laws which may include multiple misdemeanor offenses. If a person is convicted of three minor driving offenses within a certain period of time, for instance, they will find themselves in more trouble than if the offenses were each considered separately. Each state has different three strikes laws, and there are expiration dates for when offenses may be combined.

Jail Time and Civil Rights Restrictions for Misdemeanor Offenders

Misdemeanor offenders are usually housed at the local jail if they must serve a jail sentence. Felons are usually sent to state prisons for long term incarcerations. Many times a person convicted of a misdemeanor may be allowed to serve jail sentences on weekends or whenever their schedules allow, and they may obtain work release so they can continue their jobs under restrictions.

Misdemeanor offenders will not usually suffer losses of civil rights such as voting, but they may lose such privileges such as the right to hold public office or to apply for public employment. Depending on the crime, professional licenses may be revoked or the person may be restricted from running businesses associated with the crime perpetrated. For instance, if a person is convicted of a reckless driving offense, he or she may not be allowed to drive commercial transport such as buses or taxis.

Classes of Misdemeanor Offenses

Both misdemeanor and felony offenses are divided up into classes which carry various guidelines for punishment. The various classes are simply used to distinguish the details of the crime. A Class 4 misdemeanor carries a lighter punishment than a Class 1 misdemeanor. It is important to distinguish between classes of crimes because the broad class of trespassing may be punished by a small fine if it is a Class 4 or large fines and jail time if it is a Class 1.

Most of the time state laws provide guidelines for maximum penalties which may be applied to Class 1, Class 2, Class 3, etc. crimes. These are maximums and your penalties may be less, especially if you plea bargain with the prosecuting attorney. If you ignore your ticket the maximum penalties can be applied, including jail time.