What Are the Most Common Types of Misdemeanor Cases?
Some of the most common misdemeanor cases are for petty theft, driving under the influence (DUI), driving without a license, trespassing, and disorderly conduct. More violent acts such as vandalism, public fighting, assault, and battery also are considered misdemeanors. Many of the most common minor misdemeanors cases include speeding, parking in a handicapped space, running a stop sign, and parking in a fire lane. Each case usually is punishable by up to one year in jail.
Misdemeanor cases usually are considered lesser criminal offenses and incur less punishment than felonies. In the United States, a crime punishable by incarceration for a year or less generally is considered by the federal government to be a misdemeanor offense. Punishment that exceeds a year is considered a felony. States often follow this federal determination.
In the U.S., misdemeanor cases that carry a maximum punishment of one year of incarceration usually is served in a local jail. As a rule, people who commit felonies are incarcerated in prisons beyond a period of one year. Probation, halfway houses, parole, house arrest with monitoring, community service, or weekend imprisonment are some methods of punishment handed down for misdemeanor convictions. Rather than losing civil rights, the loss of privileges usually is a common punishment for misdemeanor penalties. Some examples of privilege restrictions include removal of bonding, revocation of professional license, and removal from public office.
Misdemeanor crime generally is divided into several levels or classes by states and the federal government. Some misdemeanor cases only carry a fine, while others require jail time. Each class that requires incarceration typically carries a recommended amount of jail time to be served. Fines also often are specified per class.
Unclassified misdemeanors are statues that are not noted by a specific class. Lawmakers sometimes do this to enable a penalty that falls outside of the specifics in the classes. One example is where a state may categorize first-time possession of marijuana as an unclassified misdemeanor. The punishment could be a maximum of one month in jail.
Written by Sherry Davis Zander
