You Have Been Charged with a Misdemeanor?

There are three general types of offenses: felonies (which can be subject to term in a state prison), misdemeanors (which can be subject to up to one year in a county jail), and infractions (which can be subject to a fine up to $100.00, plus court costs). Procedures for the different categories are somewhat different. 

You will have been given a citation, or a complaint and summons. The citation or complaint includes a short statement of the offense with which you are charged, and states that the offense is a misdemeanor. The citation or summons states a date and time to appear at the county courthouse for your initial appearance. If you are under 18 years of age, you must have a parent or guardian with you at all court proceedings.

What is a Misdemeanor?

As a general rule, a misdemeanor is a criminal offense that carries a penalty of up to one year in detention. In most instances, the incarceration is in a county jail or similar facility, rather than a prison. Most misdemeanor convictions also require the payment of a fine. Probation, community service, and restitution (repayment of the victim’s losses) may be ordered. If you have been charged with a misdemeanor, you have the right to trial established by the U.S. Constitution.

Examples of Misdemeanor Charges

Often, what differentiates a misdemeanor from a felony is the severity of the crime. For example, theft crimes under a certain dollar amount,typically identified as petty theft or petty larceny,are classified as misdemeanors. On the other hand, theft crimes over a certain dollar amount,grand theft or grand larceny,will be tried as felony offenses. Some minor drug offenses, such as possession, are customarily misdemeanors, unless the evidence suggests that the possession was with the intent to sell, which may make the charge a felony.

Other crimes considered misdemeanors include:

• Most DUI/DWI charges;
• Shoplifting;
• Vandalism; and
• Prostitution.

Even though a misdemeanor results in a lesser punishment, it will still appear on your criminal record.

Source: Public.GetLegal

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