Have you ever been charged with a crime? If so (and even if you just watch most of what’s on television these days), you know that there is a huge range in the seriousness of crimes – from jaywalking to premeditated murder, and it helps to know what the implications of these categorizations may be.
A misdemeanor is considered a “minor” crime that carries monetary penalties, or in some cases, a short prison sentence – usually less than a year. This is obviously no small thing, but still sits at the lower end of the scale with respect to the impact on someone’s life.
You may not realize it, but more than 70 million Americans (that’s almost one in five) have some kind of criminal record. Each day, on average, approximately 150,000 people are found guilty of a crime. The vast majority of these are misdemeanors.
Misdemeanors are not, however, one broad category, and there are different classes of misdemeanor.
Misdemeanor Classes
There are three classes of misdemeanor, with “Class 3” the least serious and “Class 1” the most.
Class 3 Misdemeanor
The most common type of offenses that are considered class 3 misdemeanors including shoplifting, certain types of trespass, city code violations and (where it remains illegal) possession of a small amount of marijuana. Statues for such crimes may include a maximum of twenty days in prison or up to $200 in fines. In some jurisdictions, a person with no criminal record, or fewer than a certain number of convictions, cannot be sentenced to prison time for a class 3 misdemeanor, though fines are likely to be imposed.
Class 2 Misdemeanor
If you assault a police officer, carry a concealed weapon without a permit or are convicted of public disorderly behavior, you will be charged with a class 2 misdemeanor. Other typical offenses that fall into this category may include graffiti, criminal trespass and certain actions associated with prostitution. Such offences may be punishable by up to $1,000 in fines and 6 months of incarceration.
Class 1 Misdemeanor
The most egregious type of misdemeanor is a class 1, and may lead to prison time of up to a year and a fine that is determined by the court. Examples of offences considered a class 1 misdemeanor are larceny, possession of drug paraphernalia, possession of stolen goods, damaging real or personal property and communicating threats.
Sentencing
While the law provides for maximum penalties and/or fines for the different classes of misdemeanor, actual sentencing is based on a long list of factors in addition to the discretion of the judge overseeing the case. One of the key factors in determining sentencing is the defendant’s prior conviction history. In addition to incarceration and the application of fines, a judge may impose a sentence that includes community service.
Don’t Take it Lightly
Even if you’re dealing with a class 3 misdemeanor, conviction still means a criminal record that can follow you around for years, and will show up on background checks, which can be a barrier to employment, financing and travel. If you have questions about what to expect with respect to court proceedings and sentencing, contact us today.