Misdemeanors
What Are Some Potential Punishments if Convicted of a Misdemeanor?
Misdemeanors generally include charges punishable by county jail imprisonment for less than one year; there have been many instances in which part-time imprisonment was given to those convicted (weekend jail sentence).
Punishment may also include a fine, probation, community service, or restitution. Misdemeanors are considered more serious than an infraction, and less serious than a felony charge.
Misdemeanors are tried in the County Courts. Prosecutors generally have a large amount of flexibility in how to charge an individual, especially when dealing with Misdemeanor charges. In some jurisdictions, an individual convicted of a misdemeanor may be referred to as Misdemeanants, while those convicted of a felony are referred to as Felons.
How Are Misdemeanors Classified?
In Florida, there are first-degree Misdemeanors which are punishable by up to one year in jail, and second-degree Misdemeanors which are punishable by up to 60 days in county jail. DUI or Battery are examples of first-degree Misdemeanors. Loitering and prowling is an example of a second-degree Misdemeanor.
Throughout the United States, Misdemeanors are generally classified within three categories: Petty Misdemeanors, ordinary Misdemeanors, or high Misdemeanors (also known as gross misdemeanors).
Other examples of classification include New York’s three classifications: Class A Misdemeanors, Class B Misdemeanors, and Unclassified Misdemeanors. Class A Misdemeanors carry a maximum jail sentence of one year, and Class B carry a maximum jail sentence of three months.
Examples of misdemeanor charges include:
- Petty Theft : A charge of petty theft is determined by the value of the stolen item. In some states it may be $50 while in another it may $500. In Florida, anything stolen of value over $300 is no longer considered petty theft, a second-degree misdemeanor, and is now considered grand theft, which is a third-degree felony.
- Disturbing the Peace / Disorderly Conduct
- Simple Assault and Battery
- Reckless Driving
- Drunk Driving without Injury to Others
- Drunkenness in Public
- Various Traffic Violations
- Public Nuisances
- Prostitution or Solicitation
- Trespassing
- Possession of Marijuana : For first-time offenders, certain other drugs may also be included, depending on the jurisdiction
- Possession of Drug Paraphernalia
Fort Lauderdale Criminal Defense Attorney Kenneth Padowitz, Esq.
An Aggressive Criminal Defense Attorney is a Necessity.
Broward criminal lawyer, Kenneth Padowitz, has successfully litigated thousands of Misdemeanor cases in Fort Lauderdale and around the U.S. If you have recently been charged with a Misdemeanor or believe you may be charged sometime in the near future, contact our law firm for a free consultation.. Exclusively practicing criminal defense work, our Fort Lauderdale based law firm will deliver the Strategic Criminal Defense that you need.