{"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

Quick Summary:<\/h2>\n\n\n\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

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

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

Different Classifications of Misdemeanors<\/h2>\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

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  • Class A misdemeanors are considered the most serious and carry the harshest punishment, such as longer jail time and higher fines. Examples of Class A misdemeanors include assault, DUI, and drug possession.<\/li>\n\n\n\n
  • Class B misdemeanors are considered less serious than Class A misdemeanors and carry a medium level of punishment, such as shorter jail time and moderate fines. Examples of Class B misdemeanors include disorderly conduct, petty theft, and simple battery.<\/li>\n\n\n\n
  • Class C misdemeanors are considered the least serious and carry the lightest punishment, such as short jail time and smaller fines or no jail time and fines. Examples of Class C misdemeanors include traffic violations and minor drug offenses.<\/li>\n<\/ul>\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

    Potential Consequences of a Misdemeanor Conviction<\/h2>\n\n\n\n
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    1. Fines:<\/strong> This can range from a small amount for a minor infraction to a larger amount for a more serious offense.<\/li>\n\n\n\n
    2. Probation:<\/strong> A period of supervision by a probation officer during which the person must comply with certain conditions, such as regular check-ins with the probation officer, community service, or attending counseling or treatment programs.<\/li>\n\n\n\n
    3. Community service:<\/strong> Completing a set number of hours of unpaid work for a non-profit organization or government agency.<\/li>\n\n\n\n
    4. Jail time (up to one year):<\/strong> Sentences may be served in a local or county jail, rather than a state or federal prison.<\/li>\n\n\n\n
    5. Criminal record:<\/strong> Having a criminal record can have negative effects on a person’s life, such as difficulty finding employment or housing.<\/li>\n\n\n\n
    6. Difficulty finding employment or housing: <\/strong>Some employers or landlords may be hesitant to hire or rent to someone with a criminal record, even if the conviction was for a minor offense.<\/li>\n\n\n\n
    7. Loss of certain rights, such as the right to own a firearm:<\/strong> Depending on the specific misdemeanor conviction, it can result in losing the right to own a firearm, this can be a severe penalty for someone who is a gun owner or who works in a field that requires the use of firearms.<\/li>\n<\/ol>\n\n\n\n

      Can a Misdemeanor be Expunged or Sealed?<\/h2>\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