In the United States, misdemeanors are crimes that are less serious than felonies, but that still carry penalties. They are generally characterized by penalties that include a fine or probation, but can also result in incarceration. While most states offer jail time, many others are lenient. The maximum amount of jail time for misdemeanors varies from state to state.
Penal law divides criminal offenses into four categories, depending on the severity. There are two types of felony: capital and misdemeanors. Capital crimes are punishable by death or by life in prison. Misdemeanors are usually not considered to be life-sentenced crimes, but can carry up to a year in jail.
The lowest misdemeanor is the Class C misdemeanor, which can be prosecuted in both the Justice of the Peace and Traffic Court. This is the smallest category of crime in Texas. It is often a minor offense, such as simple assault or disorderly conduct. Typically, the punishment includes no jail time, a fine of up to $500, or a community service program. However, it can carry more serious penalties, such as possession of a weapon.
Felonies, on the other hand, are the most serious crimes and are punishable by at least a year in jail. Some felonies can even carry decades or a lifetime in prison. Because of this, a felony conviction can affect a person’s ability to apply for loans, housing, and other government benefits. If a felony conviction is a first-time offense, it is possible to be released from prison early, or it can be dismissed.
The highest level of misdemeanor is Class A, which carries up to one year in prison and a fine of no more than $500. Depending on the specific offense, a Class A misdemeanor could include sexual battery or assault with a deadly weapon. Also, a Class A misdemeanor can involve domestic assault, which is an act of violence against a household member.
Another type of misdemeanor is a petty offense, which does not have any jail time. Petty offenses are classified as violations, and can include traffic tickets or littering. These can be negotiated to lesser charges, though. Whether or not a misdemeanor is prosecuted as a petty offense depends on the judge’s discretion.
When a defendant is arrested for a misdemeanor, he or she may be placed on probation, or supervised probation. This can mean that he or she is required to attend counseling, complete community service, or perform a certain amount of house arrest. Sometimes, defendants are allowed to serve their time on weekends.
Prosecutors can then request a jury trial, which can include a jail sentence. Many courts are concerned with repeat offenders. Judges will consider a defendant’s past record, his or her standing in the community, and any other factors that are relevant to the crime. Of course, a court will not drop a charge without a good reason, so it is in your best interest to seek legal representation.
