What is a misde meanor?

Answer 1

MISDEMEANOR - A minor crime (as opposed to a felony). A crime - less serious than a felony - which is punishable by fine or imprisonment in a city or county jail rather than in a penitentiary.

This term is used to express every offence inferior to felony, punishable by indictment, or by particular prescribed proceedings; in its usual acceptation, it is applied to all those crimes and offences for which the law has not provided a particular name; this word is generally used in contradistinction to felony; misdemeanors comprehending all indictable offences, which do not amount to felony, as perjury, battery, libels, conspiracies and public nuisances.

Answer 2

Though many states have multiple classes of misdemeanors (discussed below), the definition of misdemeanor is generally consistent across state lines. A misdemeanor is more serious than an “infraction,” which generally refers to a violation of law that carries no penalty other than a fine, such as a traffic violation. But misdemeanors are less serious than felonies.

As a general rule, misdemeanors are crimes that carry a potential jail sentence of no more than one year. Conviction of a felony can lead to a much longer sentence, including life in prison, or even capital punishment in some states. A misdemeanor conviction can also lead to a fine, probation, community service and/or restitution, but there are limits on those types of penalties. Conviction of a felony often carries a fine and probation but also can result in the loss of other privileges of citizenship, including the right to vote. In addition, most felonies require the prosecution to show the defendant intended to commit the criminal act, whereas you can be convicted of some misdemeanors based only on recklessness or carelessness (negligence).

Though both misdemeanors and felonies will appear on your criminal record, it’s customarily much easier to remove misdemeanor charges through expungement or sealing of your criminal record.

Some states, such as New Jersey, use different terminology—misdemeanors there are referred to as “disorderly persons offenses.” While the vast number of misdemeanors and misdemeanor prosecutions are at the state level, there are also federal crimes that are charged as misdemeanors.

What Are Some Common Misdemeanors?

Examples of misdemeanors include:

• Minor drug offenses, such as possession
• Drunk driving
• Petty theft, including shoplifting
• Minor or simple assault or battery
• Trespassing
• Vandalism
• Minor sex crimes, including solicitation, prostitution and indecent exposure
• Resisting arrest
• Some cybercrimes, including stalking or bullying

If you’ve been charged with a misdemeanor and need a qualified attorney to protect your rights, GetLegal has the tools to assist you. To learn how we can help Call at 877-359-7077.