【法律】What is a Misdemeanor Case? | 董金寶律師事務所

A misdemeanor is a minor criminal offense, less serious than a felony. Misdemeanors carry fines and jail time up to one year, though penalties vary by state. This article will explain key facts about misdemeanor cases.

Common Misdemeanor Offenses

There are many different types of misdemeanor crimes. Some of the most common misdemeanors include petty theft (shoplifting items worth $950 or less), simple assault (a minor physical altercation), public intoxication, disorderly conduct, trespassing, reckless driving (20+ mph over speed limit), prostitution, vandalism (spray painting a wall), and possession of small amounts of drugs. Other misdemeanors are traffic offenses like driving with a suspended license, hit and run with only property damage, and driving without insurance.

Misdemeanor Penalties

Punishments for misdemeanor convictions vary but may include:

• Fines up to $1000 or more
• Probation
• Restitution to repay victims
• Community service (100 hours)
• Driver's license suspension (6 months)
• Jail time up to 1 year

For example, a first-time DUI conviction may carry penalties of a $500 fine, 6-month license suspension, and 2 days in jail. The judge has discretion in setting penalties within the range spelled out in state law.

Court Procedures

Defendants in misdemeanor cases generally do not have the right to a preliminary hearing or grand jury process. Their cases generally wind their way through the court process much quicker than felony cases. Misdemeanor trials can either be bench trials decided by a judge or jury trials decided by the defendant’s peers.  The standard of proof for a misdemeanor is "beyond a reasonable doubt," which is the same high standard used in felony cases. However, misdemeanor cases typically have less rigorous procedures overall compared to felonies.

Statute of Limitations

Most misdemeanors in California have a 1 statute of limitations. This means prosecutors must officially charge the crime within this time frame or the case gets dismissed. For example, a misdemeanor vandalism charge typically must be filed within 1 year of the date the alleged vandalism occurred.

Plea Bargains and Convictions

Many misdemeanor cases get resolved through plea bargaining deals negotiated between the defense and prosecution before going to trial. For example, a petty theft charge may get pled down to disorderly conduct to avoid jail time. Misdemeanors still appear on a defendant's criminal record. While less damaging than felonies long-term, they can still negatively impact jobs, housing, loans, and other opportunities.

Increased Penalties

Repeat misdemeanor convictions can sometimes lead to increased penalties. In California, a second misdemeanor conviction within a certain time period may elevate the penalties. For example, a second DUI conviction within 5 years may result in 3-5 years, an increased fine and penalty assessment, a second offender DUI school lasting 18-30 months, installation of an ignition interlock device (IID) for a year, and a mandatory minimum of of 96 hours and up to one year in jail, depending on the specific facts of the case.

Increased Penalties

While a misdemeanor is less serious than a felony, the penalties can still be substantial. Even a minor criminal record can have consequences that last for years. It is essential to consult an experienced criminal defense attorney to protect your rights and achieve the best possible outcome. For top-notch legal representation, contact the expert criminal defense attorneys at Tung & Associates, APLC, to learn how we can help you.

Disclaimer: 

This article is provided for general informational purposes only. It is not intended as legal advice and should not be relied upon or construed as such by the reader. Nothing contained herein is intended as legal advice or presented for the purpose of establishing an attorney-client relationship. Readers should not make any legal decisions based on the contents herein, but should consult a qualified legal professional for personalized legal advice.