What is a First-Degree Misdemeanor?
When it comes to criminal law, categorizing crimes can be overwhelming, especially for those who aren’t familiar with the process. One important aspect is understanding the difference between the various degrees of misdemeanors. In this article, we’ll explore what is a first-degree misdemeanor.
What is a First-Degree Misdemeanor?
A first-degree misdemeanor is the most severe type of misdemeanor offense, typically categorized as a more serious infraction than other types of misdemeanors. In this category, the crime punishable by law, and convicted individuals can face Up to 1 year or less in prison, probation, fines, or both.
What are Examples of First-Degree Misdemeanors?
Some examples of first-degree misdemeanors include:
• Assault (but not battery) – without serious injury
• Disorderly conduct (disturbance, etc.)
• Theft over $300 but less than $1,000 value
• Criminal mischief (> $1,000 and < $5,000 damage)
• Marijuana possession (usually over a certain amount, e.g., 28.3 grams or more)
• Criminal trespass, etc.
Key Requirements for a First-Degree Misdemeanor to be Considered
First-degree misdemeanors typically require the following key elements:
- Intent – Proves that the accused possessed the intent to commit the crime.
- No serious harm – Has no significant bodily harm; no life-threatening injuries;
- Under $10,000 or less theft – Does not entail theft of more than $10,000 value.
For instance, suppose someone charges you with shoplifting in a retail store. Should the total stolen value add up to be under ten thousand dollars (but slightly above the mandatory reporting criteria), you will likely qualify for a first-degree
misdemeanor trial.
Criminal Sanctions for a First-Degree Misdemeanor
Up to one year or less in prison:
Probation
Fines: $500 to tens of thousands (depending upon the jurisdiction, crime intensity, and legal history
Possible Probation Outcomes
Some examples of supervision or guidance the court officer may enforce when sentencing first-degree misdemeanor culprits for probation sentences:
• Regular checkins with the supervising case manager
• Performing agreed-upon community service hours (e.g., park cleanups)
First-Degree Misdemeanor vs Second-Degree Misdemeanor
Second-degree *misdemeanors generally have the following characteristics:
- Lesser punishment option (typically fine or prison time < one year with probation)
- Worse criminal background,
- Significant, serious injury
- _Higher criminal behavior level and/or the amount at stake exceeds the
Consequences of an Unfavorable First-Degree Misdemeanor Conviction
A sentence for a first-degree misdemeanor offense can entail:
• _Fears of potential legal limitations for jobs, credit, and
• Repercussions to your financial situation and insurance rates;
Defense Strategies for Individuals Accused of a First-Degree Misdemeanor
Key defense legal strategies to reduce the outcome of a conviction include,
• Lack-of-evidence challenges the prosecution to produce sufficient.
• Pretext claims to defend against or reduce charges (e.,.e.., e.g.,,
• Focusing on potential accidental acts, intent, or false
evidence claims (e.
• Negotiation with, the prosecutor
• Sentencing options exploration
First-degree misdemeanors are distinct from more serious crimes (felonies) requiring longer prison terms and serious consequences. This article clarified the basics, including various examples, required elements,
sanctions, and options for individuals faced with trial.
