{"id":7673,"date":"2023-01-15T17:56:22","date_gmt":"2023-01-15T17:56:22","guid":{"rendered":"https:\/\/lawpedic.com\/?p=7673"},"modified":"2023-01-18T00:55:17","modified_gmt":"2023-01-18T00:55:17","slug":"what-is-a-misdemeanor","status":"publish","type":"post","link":"https:\/\/lawpedic.com\/what-is-a-misdemeanor\/","title":{"rendered":"What Is A Misdemeanor?"},"content":{"rendered":"\n
A misdemeanor is a type of criminal offense that is considered less serious than a felony. These offenses typically carry a punishment of up to one year in jail and\/or a fine. For example, shoplifting merchandise worth under $500 can be considered a misdemeanor. Other examples of misdemeanors include petty theft, disorderly conduct, and simple assault.<\/strong><\/p>\n\n\n\n In this article, I will continue to teach you about what a misdemeanor is and a few other commonly asked questions.<\/p>\n\n\n\n Please note that the above chart is a general comparison of misdemeanors and felonies, and the specific laws and punishments can vary depending on the jurisdiction.<\/p>\n\n\n\n Misdemeanors are typically classified into three categories: Class A, B, and C. The classification and the punishment associated with each vary by state laws, but in general:<\/p>\n\n\n\n However, these classifications of misdemeanors may differ from one state to another and some states may not have any classification for misdemeanors at all.<\/p>\n\n\n\n In some cases, it is possible for a misdemeanor conviction to be expunged or sealed. Expungement is the process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges. Sealing records, on the other hand, means that the record is still kept but it is kept separate and it’s not available for public view.<\/p>\n\n\n\n The eligibility criteria and the process of expunging or sealing a misdemeanor conviction can vary depending on the jurisdiction and the specific laws of the state. Generally speaking, some common factors that are taken into account include:<\/p>\n\n\n\n It’s important to note that expungement and sealing are not automatic and usually require a petition to be filed and a court order to be granted. It’s also worth mentioning that even if a record is expunged or sealed, certain entities such as law enforcement, government agencies, and some employers will still have access to the records. To know more about the possibility of expunging or sealing a misdemeanor conviction in a specific case, it’s best to consult with a criminal defense attorney.<\/p>\n\n\n\n A misdemeanor and a summary offense are both types of criminal charges, but they differ in terms of the severity of the offense and the potential penalties.<\/p>\n\n\n\n A summary offense, also known as a summary conviction, is considered to be the least serious type of criminal charge. Summary offenses are usually punishable by fines or short-term imprisonment, usually less than 90 days, and generally do not result in a criminal record. Examples of summary offenses include minor traffic violations, disorderly conduct, and minor drug offenses.<\/p>\n\n\n\n In summary, misdemeanors are considered more serious than summary offenses and carry more severe penalties, including the possibility of serving time in jail and having a criminal record.<\/p>\n\n\n\n It’s generally a good idea to seek the advice of an attorney if you have been charged with a misdemeanor. An attorney can help you understand the charges against you, the potential penalties, and the legal process. They can also help you to build a defense and negotiate a plea bargain or represent you in court if your case goes to trial.<\/p>\n\n\n\n Here are some specific situations where it’s particularly important to seek the help of an attorney:<\/p>\n\n\n\n It’s always best to consult with an attorney as soon as possible after being charged with a misdemeanor to ensure that you have the best possible defense and that your rights are protected.<\/p>\n","protected":false},"excerpt":{"rendered":" Quick Summary: A misdemeanor is a type of criminal offense that is considered less serious than a felony. These offenses typically carry a punishment of up to one year in jail and\/or a fine. For example, shoplifting merchandise worth under $500 can be considered a misdemeanor. Other examples of misdemeanors include petty theft, disorderly conduct, … Read more<\/a><\/p>\n","protected":false},"author":2,"featured_media":7690,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[28],"tags":[],"_links":{"self":[{"href":"https:\/\/lawpedic.com\/wp-json\/wp\/v2\/posts\/7673"}],"collection":[{"href":"https:\/\/lawpedic.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawpedic.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawpedic.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lawpedic.com\/wp-json\/wp\/v2\/comments?post=7673"}],"version-history":[{"count":13,"href":"https:\/\/lawpedic.com\/wp-json\/wp\/v2\/posts\/7673\/revisions"}],"predecessor-version":[{"id":7692,"href":"https:\/\/lawpedic.com\/wp-json\/wp\/v2\/posts\/7673\/revisions\/7692"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawpedic.com\/wp-json\/wp\/v2\/media\/7690"}],"wp:attachment":[{"href":"https:\/\/lawpedic.com\/wp-json\/wp\/v2\/media?parent=7673"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawpedic.com\/wp-json\/wp\/v2\/categories?post=7673"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawpedic.com\/wp-json\/wp\/v2\/tags?post=7673"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Misdemeanor vs Felony Differences<\/h2>\n\n\n\n
<\/th> Misdemeanor<\/th> Felony<\/th><\/tr><\/thead> Definition<\/td> Less serious criminal offense<\/td> More serious criminal offense<\/td><\/tr> Punishment<\/td> Up to one year in jail and\/or fine<\/td> Longer prison sentence and\/or larger fine<\/td><\/tr> Examples<\/td> Petty theft, disorderly conduct, simple assault<\/td> Murder, rape, grand theft<\/td><\/tr> Classification<\/td> Class A, B, and C<\/td> Varies by state<\/td><\/tr> Impact on Life<\/td> Can affect the ability to find employment, housing<\/td> More severe impact on the ability to find employment, housing<\/td><\/tr> Expungement\/Sealing Eligibility<\/td> Depends on the state laws<\/td> Depends on the state laws<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n Different Classifications of Misdemeanors<\/h2>\n\n\n\n
\n
Potential Consequences of a Misdemeanor Conviction<\/h2>\n\n\n\n
\n
Can a Misdemeanor be Expunged or Sealed?<\/h2>\n\n\n\n
\n
How does a Misdemeanor Charge Differ from a Summary Offense?<\/h2>\n\n\n\n
When to Seek An Attorney?<\/h2>\n\n\n\n
\n