What Are Examples Of Misdemeanor Crimes?
Each state has different classifications and punishments for misdemeanors but if you are interested in learning three examples of misdemeanor crimes, then keep reading. In the United States, all states consider a misdemeanor less serious than a felony but more serious than a citation. Misdemeanors can range from (DUI’s) and traffic offenses to theft and misdemeanor drug charges such as possession. Identifying examples of misdemeanors can help you understand their complexity and how to approach them.
Please keep in mind that no matter what type of misdemeanor charge you are facing, you should speak to an experienced criminal defense attorney. Criminal charges, whether felony charges or misdemeanors, are very serious. An aggressive criminal defense attorney can do wonders for your future!
Legal Penalties Based on Misdemeanor Class
Legal penalties will depend on the classification of the misdemeanor. Each state classifies its misdemeanors differently, some by class and others by level. Punishments will depend on the state and events surrounding the case. Below are some typical punishments you can expect from a misdemeanor by class and level.
- Class A or 1: Up to one year in county jail and, or fines of up to $2,500;
- Class B or 2: Up to six months in jail and, or fines of up to $1,000;
- Class C or 3: Up to 3 months in jail and, or fines of up to $500;
- Class D or 4: Up to 30 days in jail and, or fines of up to $250.
Examples Of Misdemeanor Crimes One May Face
Driving Under the Influence (DUI)
Generally, you are considered under the influence if you have a blood alcohol content (BAC) of 0.08% or 0.10%. Usually, a person driving under the influence only receives a misdemeanor for their first offense. But, every state has different criteria for what is considered a drunk driving offense and its potential charges. A person in the driver’s seat of a car while intoxicated and holding the car keys, even while parked, may be charged with (DUI).
Simple assault can be defined as the intentional act of causing another person to be in fear of bodily harm; or the attempt to cause harm to another person where the violent act is never committed. Like all criminal offenses, there has to be proof before conviction, and it’s as follows:
- The person must intend to threaten or instill physical harm. An accidental act will not lead to assault charges; it must be intentional.
- The victim must think without a reasonable doubt that they will be harmed or offended by the intended person’s conduct. There has to be a belief that harm done to them will occur.
- Emotional harm can suffice a conviction of simple assault. Hence, it can be physical but not mandatory.
Examples of Simple Assault
Generally, simple assault encompasses minor injuries, touching, and threatening words or behavior. If you are still unsure what is considered simple assault, here are some examples:
- attempting to spit on someone;
- raising a fist and moving in a threatening manner towards someone;
- pointing a gun towards someone, even if it’s not loaded.
A resisting arrest may occur in the situation where an individual is said to interfere with what may be considered a lawful arrest by a police officer. More importantly, some states define resisting arrest as any action that impedes an officer. Performing a lawful arrest, in this case, is not necessary. To be considered resisting arrest, the following are required:
- The person should be aware they are resisting a law enforcement officer;
- Show the officer is performing their duties in a lawful manner; and
- Evidence that the person has intentionally resisted arrest.
Examples of Resisting Arrest
Resisting arrest involves a person that obstructs, delays, or resists law enforcement while performing a lawful act. Be careful, any actions you take may be considered resisting arrest. If you are not sure if you or someone else has resisted arrest, these examples can provide some clarity:
- Physically struggling or using force on an officer while attempting to arrest the person;
- Providing false identification or personal information; or
- The officer has no choice but to carry or drag the person to make the arrest.
More Examples of Misdemeanors
- Aggravated Assault (becomes a felony if with a firearm)
- Simple Battery
- Domestic Abuse Battery
- Criminal Damage to Property of less than $1000
- Criminal Trespass
- Driving Under Suspension
- Open Container
- Drunk in Public
- Lewd Conduct
- Flight From an Officer
- Interfering With an Officer
- Reckless Driving
- Resisting an Officer
- Misdemeanor Theft of less than $1000
- Unlawful Communications
- Possession of Marijuana – small amount and without intent to distribute
- Possession of Drug Paraphernalia
- Criminal Mischief
- Disturbing the Peace
Consult With A Lawyer
If you’ve been arrested for a misdemeanor charge, be sure to speak to an experienced attorney who has a law firm in your area. Barkemeyer Law Firm is that attorney who can help with your misdemeanor charges. He has numerous locations throughout Louisiana. So visit his contact page here and give him a call!
Misdemeanor charges, even though less serious than other crimes, can still be complex. A lawyer should be able to provide the legal research required to determine the best course of action and your rights. Now that you have three examples of misdemeanor crimes, you can approach your misdemeanor case accurately.