When we talk about different charges, the two charges that are used are infractions, misdemeanors, and felonies. A lot of times people know what a felony charge but aren’t really sure what an infraction and misdemeanor are. An infraction is a minor offense that isn’t punishable by jail. So what does a misdemeanor mean? Misdemeanors mean that the crime committed was less serious than a felony but more serious than an infraction. When people want to know the severity of a misdemeanor vs. felony, the felony is always the more severe crime. This not only has to do with the amount of jail time a felony charge holds, but also the type of crime that was committed. There are many types of felony crimes, with the most common being murder, rape, arson, kidnapping, and terrorism. While not as severe as a felony, misdemeanors still have its consequences. Below we are going to talk about misdemeanors in more depth.
How Serious Is a Misdemeanor?
People always want to know how serious misdemeanors are and do misdemeanors carry jail time. There are many factors that come in to play. When a judge is sentencing someone, they will usually take a couple of things into consideration. Is this the first offense? Has this crime been committed before by the individual? What does their prior record look like? Are they a danger to their community? Are they a flight risk. These are just some things that judges will consider when determining what misdemeanors class the crime committed is.
It also depends on if the misdemeanor is considered a high or gross misdemeanor, ordinary misdemeanor, or petty misdemeanor, which is how state jurisdictions classify misdemeanors. If they are federal misdemeanors, they are classified as classes–Class A/1, Class B/2, Class C/3, and Class D/4. Depending on how serious the crime is (a high or gross misdemeanor/Class A or 1), misdemeanors can be punishable up to one year in jail. With an ordinary or petty misdemeanor, individuals will have less than six months of jail time and a fine to pay. People who are charged with misdemeanors will not go to prison; they will be complete their time at the county jail.
Many people how long does it take a misdemeanor to go away? The answer depends on whether you were convicted of a misdemeanor or not. If you were arrested and not convicted of a misdemeanor the charge can stay on your record for up to seven years; if you were arrested and convicted of a misdemeanor, then it will be on your record for life. The only way to get rid of this charge is to have it expunged.
The types of misdemeanors have been classified (for state misdemeanors they are a high or gross misdemeanor, an ordinary misdemeanor, or petty misdemeanor; for federal misdemeanors, they are Class A/1, Class B/2, Class C/3, and Class D/4), but what are the punishments for a misdemeanor? Based on the classification of misdemeanors, will depend on what type of punishment someone receives.
State Classification Punishments
- Petty Misdemeanors: Less than six months in jail and $500 or less in fines.
- Ordinary Misdemeanors: Jail time with fines and $500 or more in fines.
- High or Gross Misdemeanors: Up to one year in jail $1,000 or more in fines.
Federal Classification Punishments
- Class D/4: More of an infraction, punishable up to five days in jail and $500 or more in fines.
- Class C/3: Can be punishable up to five or 30 days in jail.
- Class B/2: Jail time six months or more with fines of $1,000 or more.
- Class A/1: In jail for up to a year with fines that range at $5,000 or more.
If it’s a first-time misdemeanor offense, you will probably only be charged with a petty misdemeanor or Class D/4 or Class C/3. However, it does depend on what kind of misdemeanors committed. Examples of Class A/1 misdemeanors include assault resulting in bodily harm, burglary, resisting arrest, and driving under the influence; examples of Class C/3 includes traffic tickets, public intoxication, leaving a kid in a car, and possession of alcohol in a car. If its a first-time offense for a Class A/1 misdemeanor, you will probably need a lawyer to reduce your sentence. Again, if it’s your first offense, the judge may take this into consideration and also look at your overall background when sentencing an individual.
Many people want to know where are misdemeanor cases heard and they can feel rest assured knowing that it won’t take in a federal court. Because misdemeanors are one of the lowest charges, the cases are usually heard in municipal or justice courts. Before you go in for your court date, you should show up early so you can check in with the clerk’s office.
Whether you ‘re looking for a Roseville, CA bondsman or a bondsman in Oklahoma, you need one that is licensed. At Thunder Bail Bonds all of our bondsmen are licensed, so if you need misdemeanor bond, please call us at (405) 235-0002.