I recently spoke with a client, who is currently on federal supervised release, after completing his prison term for a drug offense. When I asked him how things were going, he responded that he was working and generally doing well, except that he recently had to go to court. When I asked him about it, he responded, “it’s nothing big, just a little misdemeanor”. I told him that being charged with anything while on supervised release is a big deal – even a misdemeanor. So what is a misdemeanor? A misdemeanor is a less serious criminal offense that is usually punishable by no more than 12 months in jail. Any sentence for a misdemeanor offense is served in a local or county jail, while felony sentences are usually served in prison. Other possible sentences for misdemeanor offenses can include fines, a term of probation, required participation in programming, such as anger management or AA/NA attendance, or a suspension of a driver’s license in traffic cases. Some examples of misdemeanor offenses include: assault, petty theft, trespassing, disorderly conduct and many traffic offenses. A person who is convicted of a misdemeanor offense generally does not lose valuable civil rights, such as the right to vote, the right to serve on a jury, or the right to possess a firearm. However, there are some misdemeanor offenses, such as domestic violence and stalking, which can result in the loss of the right to possess a firearm. Although the penalties for a misdemeanor can be small, such as a simple fine, misdemeanor offenses still become part of a permanent criminal record, which can affect a person’s ability to get a job, obtain a loan or obtain certain state licenses. Once a misdemeanor offense is on a person’s record, that person will need to take affirmative steps to have their record sealed or expunged. One additional important consideration is that many misdemeanor offenses contain an “escalator” provision, where a first offense is a misdemeanor, but a second or subsequent offense then becomes a felony. Some examples of those offenses include domestic violence, stalking, and multiple driving under the influence offenses. So be aware that even “little” misdemeanor offenses, should still be taken seriously.
What is a misdemeanor?
On Behalf of Law Office of Gregory S. Robey | Apr 1, 2021 | Firm News
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