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Classifications of Misdemeanor

The 2 main classifications of crimes are Misdemeanor and Felony. Both offenses are serious crimes, but we can acknowledge misdemeanor as a lesser serious crime. It is in line with the consequences of these crimes. A misdemeanor crime is punishable by a prison sentence of less than a year, and fines of lesser amounts.

We divide the misdemeanor charges into three categories. These categories define the crime level—the punishable by a prison sentence, community work, and even fines or rehabilitation. Some prevalent crimes under misdemeanor are:

 

  • Drunk Driving

 Drunk driving is a part of Drinking under Influence (DUI) or Driving While Intoxication (DWI). Drinking alcohol beyond the limit as per the law can land a person with a misdemeanor charge.

 

 

  • Petty Theft / Shoplifting

Stealing from the shops/ retail stores lands a person with a misdemeanor charge. The theft differs from burglary and armed robbery, which form a part of a felony and are many serious crimes. 

 

 

  • Minor Assault 

 A small street fight. Neighbors getting into a fight are some examples of a minor assault. It has no use of primary weapons in such disputes. However, in verbal abuse, conflicts are relevant in a minor assault resulting in a misdemeanor charge.

 

 

  •  Trespassing

Trespassing is a serious crime if a person is present on a property uninvited and has no relevant explanation. They considered it a serious offense because of the growing number of trespassers kidnapping kids and using other properties such as swimming pools and lawns.

 

  • Resisting Arrest

If a person is guilty and needs to be in custody, he/ she cannot resist arrest. In such a situation, a misdemeanor charge gets pressed on the defendant because of resistance to arrest. 

 

  • Cyber Crimes 

 A growing concern is cyber crimes, which is a relatively newer crime. It included stalking, Online bullying, luring young boys and girls / other citizens into a scam on a smaller level involving less money are some examples that get booked under misdemeanor charges.

 

  • Vandalism

Spray painting on cars, public and private walls, streets, lampposts, carving initials in public spaces as park trees, benches, or even destroying one's property on purpose comes under the crime of vandalism. Vandalism of such nature is a misdemeanor charge and punishable by fines or even prison.

The constitution classifies misdemeanor charges as below:

There are three types of Misdemeanor charges. They vary from state to state however the most common one is as below:

Class A

Class B &

Class C


Class A Misdemeanor charges

Class A charges under misdemeanor charges are less serious than Felony. Hence the punishment may involve a jail term of a maximum of one year but not less than six months. And or a penalty charge of up to $5000. Fist fighting, letting a dog prone to biting, off-leash, possession of a small amount of drugs, trespassing, etc.

The law states  ‘gross misdemeanor’ as one of the most severe misdemeanor crimes. It means taking a child to a location where illegal drugs get consumed, prevalent, stored, or even prepared.

 

Class B Misdemeanor charges

Class B misdemeanor charges result in a prison sentence for six months, but not less than a month. The fine imposed is up to $2000. Some standard class B misdemeanor charges include minor shoplifting, theft, trespassing,& vandalism.

 

Class C Misdemeanor charges.

Class C misdemeanor charges may include Prison time of not over three months in jail and a fine of $1000. The other punishments include rehabilitation, community services, and foster care. The common crimes are damaging properties, resisting arrest, misbehavior in public places, destruction of public places and properties like water pipes, gardens, vehicles, benches, etc.

 

Misdemeanors getting judged wrongly as a felony.

There are certain factors and benchmarks for understanding for judging misdemeanors from a felony.

 

  1. Financial loss in damaged

Misdemeanors specifically state that damages involving petty theft, petty damaged. However, charges exceeding a specific dollar amount will get classified as a felony.

 

  1. The physical and mental state of the victim

Physical assault causing minor damage such as a bruise or scratch is a petty crime. However, a weapon or fistfight that has caused material damage to the victim leading to a medical emergency. It gets termed as a felony. Kidnapping children, young girls or boys, and keeping them captive causes mental trauma is also a serious felony.

 

  1. Use of weapons without a cause

Using legal weapons for assault is a felony. An assault that doesn’t involve a gun but a verbal assault is a misdemeanor charge. Possession of illegal firearms and other weapons gets termed as a felony.

The separation of a misdemeanor from felony charges gets accepted across many states in the US. In case there is a misuse of the felony law, and you have gotten charged wrongly, you must complain. A Felony or misdemeanor lawyer can provide you the correct guidance and save on prison time. In case of damages, the attorney must make sure the defendant must get paid accurate compensation.

Source: Free Articles from ArticlesFactory.com

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