What Happens if You Get a Misdemeanor?
A misdemeanor is a type of criminal offense that is considered less severe than a felony, but still carries consequences. In this article, we’ll delve into what happens if you get a misdemeanor and explore the potential outcomes and repercussions.
What is a Misdemeanor?
A misdemeanor is a criminal offense that is punishable by a fine or a sentence of less than one year in jail or a combination of both. Misdemeanors are usually considered less serious than felonies, which can carry longer prison sentences or more severe penalties.
What are the Types of Misdemeanors?
There are several types of misdemeanors, including:
- Simple misdemeanors: These are considered the least serious type of misdemeanor and typically carry fines ranging from $100 to $1,000 and up to 30 days in jail.
- Gross misdemeanors: These are considered more serious than simple misdemeanors and can carry fines ranging from $500 to $2,000 and up to 364 days in jail.
- Aggravated misdemeanors: These are considered the most serious type of misdemeanor and can carry fines ranging from $500 to $5,000 and up to 5 years in prison.
Consequences of a Misdemeanor Conviction
A misdemeanor conviction can have several consequences, including:
- Fines and Penalties: You will be required to pay fines, which can range from $100 to $5,000 or more.
- Jail or Imprisonment: You may be sentenced to a period of time in jail or prison, ranging from a few days to 5 years or more.
- Criminal Record: A misdemeanor conviction will remain on your criminal record, which can make it difficult to find employment, housing, or financial aid.
- License Revocation: Depending on the type of misdemeanor and your profession, you may be required to surrender your license or permit.
- Community Service: You may be required to complete community service as part of your sentence.
Effect on Employment and Education
A misdemeanor conviction can also impact your employment and education, including:
- Loss of Job Opportunities: A misdemeanor conviction can make it difficult to find employment, as many employers conduct background checks and may be wary of hiring individuals with a criminal record.
- Limitations on Professional Licensure: Certain professions, such as law, medicine, or teaching, may require a background check as part of the licensing process.
- Impact on Scholarships and Financial Aid: A misdemeanor conviction can affect your eligibility for scholarships and financial aid.
Defenses and Plea Bargains
If you’ve been charged with a misdemeanor, there are several defense strategies and plea bargains that may be available, including:
- Insanity Defense: This defense argues that you were insane or mentally incapacitated at the time of the alleged offense.
- Mistake of Fact: This defense argues that you believed you were taking lawful action, but it turned out to be unlawful.
- Plea Bargain: This is a negotiated agreement between the prosecutor and your defense attorney where you plead guilty to a lesser charge or with a reduced sentence.
After a Misdemeanor Conviction
After a misdemeanor conviction, you’ll typically be required to comply with the terms of your sentence, including:
- Probation: You’ll be required to serve a period of probation, during which you’ll be under the supervision of a probation officer.
- Fines and Fees: You’ll be required to pay fines and fees related to your conviction.
- Community Service: You’ll be required to complete community service as part of your sentence.
Getting Your Record Expunged
In some cases, you may be eligible to have your misdemeanor record expunged, which can make it easier to find employment, housing, and financial aid. To have your record expunged, you’ll typically need to:
- Meet the Eligibility Requirements: Check with your state or local government to see if you meet the eligibility requirements for record expungement.
- File a Petition: File a petition with the court and pay the required fees.
- Wait for Approval: Wait for the court to review and approve your petition.
Conclusion
A misdemeanor conviction can have serious consequences, including fines, imprisonment, and impact on your employment and education. It’s essential to understand the potential outcomes and defenses available if you’re facing a misdemeanor charge. If you’ve been convicted of a misdemeanor, be sure to comply with the terms of your sentence and consider seeking legal advice if you’re eligible to have your record expunged.
