What Is A Misdemeanor?
Even though misdemeanors are not the most serious crime a person can get charged with, a misdemeanor conviction can carry severe penalties and have a long-lasting effect on your future.
You don’t want that do you?
Misdemeanors are violations of state laws or local ordinances punishable by a fine of up to $1,000 and up to two years of incarceration in county jail. Any prohibition that does not involve a specific penalty gets treated as a misdemeanor.
If you are convicted of a misdemeanor and are required to serve time in jail, you will get placed in a local county jail, not a higher security prison.
Misdemeanors are more serious than infractions but less severe than felonies. Misdemeanors are then further classified based on their level of severity.
A general rule of thumb when it comes to being first-time offenders is to rehabilitate them, rather than offenders having to face the stigma of incarceration. Most states have first offender programs that apply to crimes that are not a risk to public safety or harmful to the victims. While in many forms, offenders are made to complete a diversion program after their first offense, after which your record will be deleted. However, as there are always two sides to a coin, certain exceptions come into play. In certain states, where people who are found guilty of violent crimes or sex offenses are exempted from these programs
If you commit violent crimes, you will have to serve jail time on your first offense, depending on the state. Besides that, these programs are a way of reforming first-time offenders without utilizing prison resources. In addition, alternative sentencing applies to misdemeanors where there was no grievous injury to the victim.
Criminal defendants have constitutional rights, and regardless of the crime they might have committed, they can not be denied the right to receive adequate representation in trial hearings. To read more about how defendants make criminal rights and claim to get their guilty verdict thrown out leads to appellate courts rejecting them, click here.
The typical examples of misdemeanor crimes are:
- Traffic offenses especially involve driving under the influence of alcohol.
- Violations such as Gun possession.
- Perjury crimes – Lying under oath.
- Various drug crimes and possession of a controlled substance such as a drug
- Larceny, theft, or such kind of similar crimes that involve property
- Assault and other relative crimes that involve bodily harm.
- Resisting arrest
- Cybercrime that includes stalking or bullying
Will a judge dismiss my case if I was questioned without a Miranda warning?
Before police begin to interrogate anyone, a Miranda Warning needs to be given in their custody as a preliminary step. Although it’s important to remember that a person can still be arrested even if they haven’t been read their Miranda rights. In the case of a DUI, a lot of evidence is collected before the Mirandaizing takes place. The statement that the person makes while in custody is not that important to the case.
So even if the person wasn’t Mirandized, there is a chance that enough evidence was collected against them before the arrest took place to make a case against them. In such cases, the patient will probably not be overturned due to a failure to Mirandize. However, other instances in which the bulk of the evidence against the arrested person comes during questioning. For example, if you are accused of murdering someone, and the police gathered their evidence while questioning you without mirandizing you, then it is likely that the case will be overturned in court.
The sixth amendment sets forth provisions regarding criminal prosecutions. First, it grants certain rights to the accused to ensure a just and fair trial and verdict rendering.
Does assault charge warrant penalties?
The penalties and sentences for assault and /battery can vary widely depending on the law of the state where the offense was committed, as well as the circumstances of each case. Punishments can range anywhere from fines to imprisonment, depending on the severity of the offense and the offender’s history. Whether the states considered it a separate crime or not, all states and the federal government have laws that designate assault as a crime. Crimes involving assault hinge on circumstances under which the crime of assault was committed, and after that, penalties are imposed.
States divide assault into misdemeanors and felonies. A misdemeanor carries a potential jail term of less than a year. Felonies are subject to imprisonment for more than 12 months. While some states will even treat an assault as an infraction, and the offender will face a fine or jail time under thirty days.
Even if someone is locked up in jail for engaging in criminal activity and is awaiting trial, they can not be mistreated or be subjected to cruel punishment under any circumstances. The Eighth Amendment to the United States Constitution assigns criminal rights while incarcerated.