Misdemeanor Charges 101: Flexible Treatment, Federal Treatment, and Consequences

The precise definition of a misdemeanor may vary from state to state and the federal criminal justice system. In some states, a misdemeanor is a crime that is not an infraction or a felony. Other states group misdemeanors into classes based on the potential maximum punishment.

This FindLaw article explores the nature of misdemeanor offenses, flexible and federal treatment of misdemeanors, and the possible consequences.

Understanding Misdemeanor Offenses

Misdemeanor offenses are generally punishable by a fine, suspension of your driver's license, or incarceration in a local county jail. In contrast, infractions impose no jail time. Examples of misdemeanors include:

• Shoplifting
• Driving under the influence (DUI)
• Driving while intoxicated (DWI)
• Reckless driving
• Indecent exposure
• Public intoxication
• Trespassing
• Petty theft
• Simple assault
• Disorderly conduct
• Petty larceny
• Some cases of domestic violence

Having these crimes on your record can affect your life in many ways. They are worth treating seriously. Your defense attorney can help fight a misdemeanor charge to avoid downstream effects. 

Misdemeanor Classifications

Many jurisdictions separate misdemeanors into three classes of criminal charges. These classes include the following:

• High or gross misdemeanors
• Ordinary misdemeanors
• Petty misdemeanors

Petty misdemeanors often result in one of the following:

• Community service
• Jail sentence of less than six months
• A fine of $500 or less

Some states, like Minnesota, define a gross misdemeanor as "any crime that is not a felony or a misdemeanor."

Flexible Treatment of Misdemeanors

Some states have broad sentencing guidelines that allow prosecutors and judges some sentencing flexibility. Other states, like California, give their prosecutors discretion to charge some crimes as "wobblers."

This discretion means the district attorney (D.A.) or the judge can choose to pursue a single criminal matter as a misdemeanor or as a felony, with the usual consequences attached to either one. Once the D.A. or the judge chooses to treat a crime as a misdemeanor or a felony, the appropriate rights and consequences are then attached to the charge.

Federal Treatment of Misdemeanors

In contrast, federal law on misdemeanors follows strict federal sentencing guidelines.

The federal guidelines are applied according to the federal sentencing guideline manual chart. This chart incorporates fixed values for the severity of the offense, the defendant's criminal history, and other aggravating factors. The federal sentencing chart also considers mitigating factors like law-enforcement cooperation and early acceptance of responsibility.

Federal Class A misdemeanors are punishable by six months to a year in jail. Federal Class B misdemeanors impose 30 days to six months in jail. Class C misdemeanors impose five to 30 days in jail. Crimes punishable by fewer than five days in jail are federal infractions.

Consequences of Misdemeanors

Misdemeanors, unlike infractions, are often considered "crimes of moral turpitude," as they threaten jail time rather than mere fines. This distinction gives a convicted misdemeanant significantly reduced chances for a scholarship or a good job.

Nowadays, even a dismissed or uncharged arrest for a misdemeanor can destroy a person's future job prospects. For this reason, it's often best for someone charged with a misdemeanor to seek an expungement. An expungement typically seals or erases an arrest or conviction from a person's criminal record.

Get Started on a Defense Against Misdemeanor Charges

Knowing the consequences of a misdemeanor conviction and the best defenses to use in a criminal case is the job of an experienced criminal defense attorney. Some misdemeanor crimes may even result in local jail time, in addition to fines and other burdens. It's important to have the right advocate on your side when facing a criminal conviction. Speak to a criminal defense attorney about your misdemeanor case today.