The Differences in Misdemeanors

What is the difference between a Class A misdemeanor and all others? It can be very confusing and I will help you understand the different types. When a legal entity mentions a felony versus a misdemeanor, a misdemeanor is classified as the lesser crime or offense committed by a person ending with a punishment far less than a felony and higher than an administrative infraction and usually punishable by a fine or probation.

The federal government states that an offense that is punishable with a jail time of less than a year is a misdemeanor and anything greater than one year is a felony.

Each state varies what they consider a misdemeanor and the classifications behind them. A misdemeanor may be: assault, possession of drugs, disorderly conduct, trespassing, prostitution, public intoxication, vandalism, DUI and petty theft. In the United States, a misdemeanor is punishable up to 12 months in a local jail while felonies are incarcerated in a state prison. Some that have committed a misdemeanor offense are penalized with community service, probation or part-time imprisonment (served on the weekends).

Quite a few states now break down each misdemeanor in to categories of offenses and each category has a maximum and minimum penalty. Under the situation that a ruling of a judge does not identify the specific classification, it is considered an "unclassified misdemeanor". A lawmaker will evoke this when they want to require a sentence that is outside of the specific misdemeanor classes.

Contrary to popular opinion, when someone is convicted of a misdemeanor offence, his or her conviction will not and should not merit the loss of their civil rights which would happen in a felony conviction. It however may affect a person's privileges such as: professional license, public employment, and the right to run for public office. This is known as the collateral consequence of a criminal charge.

When an individual is convicted of misdemeanor, his conviction will not merit loss of civil rights as what may happen in a felony conviction but it can certainly affect some of the person's privileges like lose of professional licenses, public employment, or the right to run for public office. This effect is known as collateral consequences of criminal charges. This is common when the offense is related to any of the above stated privileges.

Bottom line? Any misdemeanor charge can be harmful to an individual's background. Any position they apply for they would have to explain that during a background check that they were convicted of even a Class A misdemeanor as it will be part of public record.