Misdemeanors

A misdemeanor is a less serious crime, such as minor theft or public intoxication. The punishment for a misdemeanor is generally a fine or a short incarceration in a local jail. Typically, misdemeanors do not lead to an indictment or the convening of a grand jury, although some cases may be treated more seriously, as the same action can lead to a misdemeanor or a felony charge. In some states, defendants are not entitled to a court-appointed attorney when charged with a misdemeanor. Some states have set up courts specifically to handle misdemeanor cases, with less formal procedures. A lawyer with experience in criminal defense can advise you on the procedures in your state. While a misdemeanor charge is less serious, conviction can still cause large difficulties for an individual who becomes a defendant. Persons charged with a misdemeanor should still get the counsel and assistance of a criminal defense attorney.

The penalties for a misdemeanor conviction are often less severe than felony penalties. This means more than simply smaller fines or less jail time. Persons convicted of a misdemeanor can usually still vote, serve on juries, and practice their job. A felony conviction makes all of these much less likely. In some instances, a defense attorney can negotiate to have a felony charge reduced to a misdemeanor in order to reduce the punishment and future consequences of conviction.

The possibly serious consequences of a misdemeanor conviction mean that you should consult immediately with an experienced criminal defense attorney, should you be charged with a misdemeanor.

You should also keep in mind that some crimes may be charged as either a misdemeanor or a felony. In many states, marijuana possession is a misdemeanor, while possession of the same amount is a felony in other states. An assault can be charged as a felony or misdemeanor, depending on whether it causes lasting injury. A traffic violation can become a misdemeanor or even a felony if it leads to injury or property damage.