Sentences For Misdemeanors
Misdemeanor is a charge which warrants punishment less harsh than charges of felony. The sentence may be either a fine or a jail term for up to one year. Offences like petty theft, public nuisance, drunkenness in public, traffic violations, drunk driving without causing injury to others and so on are regarded as misdemeanor. Some of these charges may get upgraded to felony if the circumstance of its occurrence warrants so. These cases are tried by police, justice or municipal courts. Also, the mention in personal record of an act of misdemeanor stays for lesser duration than in case of felony. |
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The sentence given for a specific crime may vary from state to state or even from one city to another in the same state. In order to get an overview of the sentence one might face, internet research might not be sufficient or realistic. An attorney practicing or well aware of the laws in the particular jurisdiction should be consulted for authentic legal advice.
The grade of the misdemeanor can be given using numbers or alphabets A, B, C and so on. The bigger the number or ahead the alphabet in the alphabetical order, the crime is that much less serious. A 1st degree crime is worse than a 2nd degree and similarly, Class A demeanor is worse than Class B. The classification is only a guideline for the maximum sentencing permissible. In California, these grades are not followed. The misdemeanor is sentenced based on the charge.
In the US, the misdemeanor can warrant a maximum punishment of a jail term up to one year. In some states like Massachusetts, the maximum term can be up to 2.5 years. Apart from jail term, other punishments include part-time imprisonments which are served on weekends, community service and so on. On being punished for misdemeanor, the accused will also lose claim to civil rights in Massachusetts.
In most other states, the civil rights are not affected but certain privileges may be withdrawn like public employment, service in public offices, professional license and so on. These punishments are termed as collateral consequence of criminal charge. This is common when the misdemeanor is related to the very privilege in question. A taxi driver may loose the license to drive if the charge of misdemeanor is reckless driving.
The Constitution of the US provides a clause wherein the president may be impeached on charges of high crime or misdemeanor. What constitutes as high crime has been left to the discretion of the Congress.
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