Misdemeanors

10 Key excerpts on "Misdemeanors"

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  eBook - PDF

  Encyclopedia of Law Enforcement

  • Larry E Sullivan, Marie Simonetti Rosen, Dorothy M Schulz, M. R. Haberfeld, Larry E. Sullivan, Marie Simonetti Rosen, Dorothy Moses Schulz, Maria (Maki) Haberfeld(Authors)
  • 2004(Publication Date)
  • SAGE Publications, Inc

    (Publisher)

  Today, in the United States, Misdemeanors remain less serious offenses than felonies, which usually require more than a year of incarceration in a prison or death, and more serious offenses than infrac-tions, otherwise called “violations,” which are pun-ishable by a small fine and carry no right to a trial or the benefit of counsel. The differences among all three are largely a matter of the sanctions involved. For Misdemeanors, the sanction may include incarceration in a jail for no longer than a year or some combination of the following: probation, suspended sentence, manda-tory classes, community service, limitations on the possession of firearms, or a fine (usually not more than $5,000). Examples of Misdemeanors include disorderly conduct, prostitution, simple assault, writing bad checks, criminal trespass, driving with-out a seatbelt, drunk driving, indecent exposure, possessing obscene or indecent materials, vagrancy, destruction of public notices, resisting arrest, and petty theft. Misdemeanors — — 287 Misdemeanors may be classified as either gross Misdemeanors (carrying a jail sentence of 30 days to 1 year) or petty Misdemeanors (carrying a sen-tence of up to 30 days in jail). Additionally, most states further classify Misdemeanors in keeping with the following federal classifications: Class A misdemeanor: up to a year incarcerated Class B misdemeanor: 30 days to 6 months incarcerated Class C misdemeanor: 5 days to 30 days incarcerated For an arrest to occur immediately in a misde-meanor case, there is an in-presence requirement. This means that a law enforcement officer has to observe the offense or otherwise perceive it by any of his or her other four senses (touch, taste, smell, or hearing) before an arrest may be made ( Garske v. United States, 1924). Otherwise, an arrest warrant would be required to proceed with a misdemeanor arrest.

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  American Judicial Process

  Myth and Reality in Law and Courts

  • Pamela C. Corley, Artemus Ward, Wendy L. Martinek(Authors)
  • 2015(Publication Date)
  • Routledge

    (Publisher)

  84 Because they do not result in jail sentences, defendants charged with an infraction do not have a right to jury trial. Defendants may hire attorneys but the state is not required to provide them for defendants who cannot afford them. Minor traffic violations are the most common type of infraction. Other common examples, depending upon the jurisdiction, include jaywalking, littering, building code violations, fishing without a license, drinking alcohol in public spaces, walking a dog off a leash, and possession of less than one ounce of marijuana.

  Misdemeanors are typically defined as “an offense for which statutorily authorized punishment does not exceed one year in jail.” 85 Punishment for Misdemeanors is not, however, limited to jail but, rather, can also include fines, probation, community service, and restitution for victims. Misdemeanor defendants are entitled to a jury trial and, if the offense is one that results in the possibility of jail time, they are also entitled to a state-appointed attorney if they cannot afford to pay for their own. 86 In theory, this right to counsel supports the notion (read: the myth) that all defendants are equal before the law. The reality of the situation is quite different, however, because “[e]ven the best-run state [public defender] programs lack enough money to provide competent lawyers for all indigent defendants who need them.” 87 Examples of Misdemeanors, which vary from jurisdiction to jurisdiction, include petty theft, trespassing, vandalism, disorderly conduct, public intoxication, and prostitution.

  Felonies are the most serious crimes and typically involve physical harm (or the threat thereof) to victims. They can also include white-collar crimes 88 (such as embezzlement and insider trading) and fraud schemes (such as bank fraud and credit card fraud). Second or third offenses that would otherwise be Misdemeanors can be elevated to felonies. So, for example, in the state of Texas a first or second DWI offense is considered a misdemeanor while a third such offense is considered a felony. Punishments for felonies include prison sentences from 1 year to life without parole and, for the most serious felonies such as murder, even the death penalty. 89 Defendants are entitled to a jury trial and a court-appointed attorney, though this was not always the case for state crimes. The U.S. Supreme Court had previously held that the right to counsel was crucial when a defendant was charged with a capital crime (that is, a crime for which the death penalty could be imposed), 90 however, it did not extend the right to counsel for state felonies until the well-known case of Gideon v. Wainwright. 91 The story behind Gideon was recounted in the best-selling book Gideon’s Trumpet 92 and subsequently adapted for a made-for-television movie of the same name starring acclaimed actor Henry Fonda (father of Jane and Peter Fonda and grandfather of Bridget Fonda). Examples of felonies include murder, rape, assault, battery, and arson. As these distinctions among infractions, Misdemeanors, and felonies demonstrate, contemporary society categorizes crime seriousness based on violence rather than other factors (such as betrayal of trust), even though some have argued that the latter do the most damage to society. 93

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  Criminal Law

  • Charles P. Nemeth(Author)
  • 2011(Publication Date)
  • Routledge

    (Publisher)

  2. Misdemeanors are classified, for the purpose of sentence and for any other purpose spe-cifically provided by statute, into the following categories: (a) Misdemeanor of the first degree (b) Misdemeanor of the second degree A misdemeanor is of the particular degree designated by statute. Any crime declared by statute to be a misdemeanor without specification of degree is of the second degree. 25 Other gradation methods may employ separate classifications for offenses, such as Class A, B, C, E, and so on. The “lower” the letter the worse the offense. The same may be true with a number-ing system that seeks to define criminal offenses into Class 1, 2, and 3, respectively. § 55.05. Classifications of Felonies and Misdemeanors 1. Felonies are classified, for the purpose of sentence, into five categories as follows: Classification of Offenses 45 (a) Class A felonies (b) Class B felonies (c) Class C felonies (d) Class D felonies (e) Class E felonies Class A felonies are subclassified, for the purpose of sentence, into two categories as follows: subclass I and subclass II, to be known as class A-I and class A-II felonies, respectively. 2. Misdemeanors are classified, for the purpose of sentence, into three categories as follows: (a) Class A Misdemeanors (b) Class B Misdemeanors (c) Unclassified Misdemeanors 26 There is no magic in this, only a concerted effort to grade offenses according to level of crim-inal culpability and the depth and breadth of criminal participation. Any system that lumps offenders en masse cannot do justice in criminal adjudication. Severity and seriousness also can be measured by how an offense is designated. One classic example is the mala in se/mala prohibita classification. In the former instance, the offense is inherently wrong, without defense and reasonable explanation. Mala in se crimes are wrong in their moral gravity and egregiousness. To kill without justification, rape, and theft all qualify for this designation.

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  Introduction to Law

  • Beth Walston-Dunham(Author)
  • 2019(Publication Date)
  • Cengage Learning EMEA

    (Publisher)

  Categories of Crime The two basic categories of crimes are felony and misdemeanor. A felony is any offense punishable by death or by imprisonment exceeding one year. A misdemeanor is a crime punishable by fine or by detention of one year or less in a jail or an institution other than a penitentiary. 2 Many states have further divided felonies and Misdemeanors into subclasses, usually for the purpose of sentencing. For example, crimes that are consid -ered Class 1 Misdemeanors may carry a heavier penalty than crimes considered Class 2 Misdemeanors. Once the classes are established, the various crimes are placed within a class. The definition of the criminal offense itself will indicate the elements necessary for someone to be convicted of the crime. The category and subclass will indicate to the court what sentence should be imposed on someone who is found guilty of that crime. In some cases, a mandatory sentence is required. This means that the judge has no discretion to impose or suspend a sentence. The statute prescribes exactly what the sentence must be. In the absence of a mandatory sentence, the judge usually works within a recommended range of punishments. The judge is responsible for imposing a sentence within this range that will adequately punish the defendant for the crime com -mitted. This range allows the judge to take the circumstances of each case into account. Definition of Crime and the Elements of Criminal Conduct Crime has been defined as conduct in violation of the criminal laws of a state, the fed -eral government, or a local jurisdiction, for which there is no legally acceptable justifi -cation or excuse. 3 In more general terms, criminal conduct refers to acts that may be injurious not only to an individual but also, and more importantly, to society. All persons in society should have the right to expect and enjoy certain basic privileges, including privacy, ownership of property, and physical safety.

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  Books, Crooks, and Counselors

  How to Write Accurately About Criminal Law and Courtroom Procedure

  • Leslie Budewitz(Author)
  • 2011(Publication Date)
  • Quill Driver Books

    (Publisher)

  3

  Crime …

  IN THE LAST CHAPTER, WE TALKED ABOUT CRIMINAL procedure. Now it’s on to substantive criminal law. You’ll learn the concept of the elements of a crime, how they vary, and how they’re proven—and we’ll see more of those all-important differences in terminology. Then it’s on to a few recurring topics in fact and fiction: gun laws, hacking, juvenile justice, false allegations of abuse, mental competence, and the insanity defense.

  What’s the difference between a felony and a misdemeanor?

  The difference is largely one of degree, a reflection of the legislature’s judgment—on behalf of the people—of the seriousness of a crime. Felonies include intentional killings and certain unintentional killings (like vehicular homicide and manslaughter), sexual intercourse without consent, kidnaping, arson, robbery, burglary, escape, and distribution of dangerous drugs. Misdemeanors include possession of small amounts of drugs or drug paraphernalia, disorderly conduct, trespass, indecent exposure, solicitation (aka prostitution), and some traffic offenses.

  B lack’s Law Dictionary says the root of felony is felonia, “the act or offense by which a vassal forfeited his fee.” Who knew? Misdemeanor, meaning “misdeed,” dates back to fifteenth-century England; it initially meant crimes not subject to forfeiture, but evolved to refer generally to less serious crimes. Merriam-Webster traces hoosegow to the Spanish juzcado, or courtroom; how it came to mean jail is a mystery.

  Some crimes—notably assault—may be either felonies or Misdemeanors. Some states classify assaults into aggravated or simple, while others define them separately, e.g., partner assault, assault with a deadly weapon, assault on a sports official, with each classified as a felony or misdemeanor. The degree of intent and possible harm makes the difference.

  Some states establish classes of felonies and Misdemeanors, e.g., A, B, C, with punishment differing for each class. Felonies typically carry prison terms, while Misdemeanors are punished by fines and up to a year in the local hoosegow.

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  Introduction to Law Enforcement

  • David H. McElreath, Daniel Adrian Doss, Carl J. Jensen III, Michael Wigginton Jr., Ralph Kennedy, Kenneth R. Winter, Robert E. Mongue, Janice Bounds, J. Michelle Estis-Sumerel(Authors)
  • 2013(Publication Date)
  • Routledge

    (Publisher)

  Deviant behavior also comes to the attention of the police but is different from criminal behavior in that it is not against the law. Behavior that our society labels as deviant includes any behavior that does not conform to the expectations of society. This could be as simple as deviant forms of dress to a group becoming too loud in a public place. Depending on the situation and how disruptive the group becomes, this deviant behavior can quickly turn into criminal behavior such as disorderly conduct. Although deviant behavior can be troublesome to a community, as it applies to law enforcement, it is not the primary focus of resources. It is behavior that has been defined as violating a law or ordnance that will be the focus for police and law enforcement professionals.

  Crimes can be divided into categories based on their seriousness. The first two categories are Misdemeanors and felonies. Misdemeanors are crimes that are less serious and punishable with a range of sentences from fines to incarceration in a jail for up to a year. Examples of Misdemeanors include disorderly conduct, vandalism, and trespassing. Felonies are more serious crimes that carry a penalty ranging from a year or more in prison to the most extreme sentence of death. Examples of felonies include aggravated assault, rape, and murder.

  Status offenses are a third category of crime that applies only to individuals who are under a certain age. These behaviors are typically not against the law for an adult but hold a special status for juveniles. Examples of these offenses include truancy, drinking alcohol, curfew violations, and smoking. Most states have specific age limits set for each offense.

  Criminal Law and Civil Law

  Law in the United States can be classified either as criminal law or civil law. Criminal law is concerned with behaviors that are considered to be harmful to society as well as the victim. These laws have been codified at the local, state, and federal level. Criminal law identifies the behavior and the associated punishment with that crime. Because criminal law is considered to include behavior that is harmful to society, the state prosecutes an individual who has violated a criminal law.

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  Criminal Law

  • Joel Samaha(Author)
  • 2016(Publication Date)
  • Cengage Learning EMEA

    (Publisher)

  Felonies are crimes punishable by death or confinement in the state’s prison for one year to life without parole; Misdemeanors are punishable by fine and/or confinement in the local jail for up to one year. Notice the word “punishable”; the classification depends on the possible punish- ment, not the actual punishment. For example, Viki Rhodes pled guilty to “Driving under the Influence of Intoxicants, fourth offense,” a felony. The trial court sentenced her to 120 days of home confinement. When she later argued she was a misdemean- ant because of the home confinement sentence, the appeals court ruled that “a person whose felony sentence is reduced does not become a misdemeanant by virtue of the reduction but remains a felon” (Commonwealth v. Rhodes 1996, 532). Why should the label “felony” or “misdemeanor” matter? One reason is the dif- ference between procedure for felonies and Misdemeanors. For example, felony defen- dants have to be in court for their trials; misdemeanor defendants don’t. Also, prior felony convictions make offenders eligible for longer sentences. Another reason is that the legal consequences of felony convictions last after punishment. In many states, for- mer felons can’t vote, can’t serve in public office, can’t work in certain occupations and professions, and can’t be attorneys. A felony conviction also can be a ground for divorce. This isn’t true of misdemeanor offenders. Now, let’s turn from the classifications of crimes to the two divisions of criminal law: the general and special parts.

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  Criminal Law

  Historical, Ethical, and Moral Foundations

  • Charles P. Nemeth(Author)
  • 2022(Publication Date)
  • Routledge

    (Publisher)

  45

  Other gradation methods may employ separate classifications for offenses, such as Class A, B, C, E, and so on. The “lower” the letter the worse the offense. The same may be true with a numbering system that seeks to define criminal offenses into Class 1, 2, and 3, respectively.

  § 55.05. Classifications of Felonies and Misdemeanors

  1. Felonies are classified, for the purpose of sentencing, into five categories as follows:
     1. Class A felonies
     2. Class B felonies
     3. Class C felonies
     4. Class D felonies
     5. Class E felonies
     Class A felonies are subclassified, for the purpose of sentencing, into two categories as follows: subclass I and subclass II, to be known as class A-I and class A-II felonies, respectively.
  2. Misdemeanors are classified, for the purpose of sentencing, into three categories as follows:
     1. Class A Misdemeanors
     2. Class B Misdemeanors
     3. Unclassified Misdemeanors46

  There is no magic in this, only a concerted effort to grade offenses according to level of criminal culpability and the depth and breadth of criminal participation. Any system that lumps offenders en masse cannot do justice in criminal adjudication.

  Severity and seriousness also can be measured by how an offense is designated. One classic example is the mala in se/mala prohibita classification. In the former instance, the offense is inherently wrong, without defense and reasonable explanation. Mala in se crimes are wrong in their moral gravity and egregiousness. To kill without justification, rape, and theft all qualify for this designation. The Latin mala, meaning wrong or bad, is coupled with in se, which is defined as in itself, needing no other basis or justification for the conclusion.47

  Contrasted with in se offenses will be those classified as mala prohibita. For example, tax offenders shoulder less moral responsibility because the infraction was an invention of the legislature. So, too, for the most part, are traffic offenses. Traveling at 45 mph in a 35 mph zone connotes almost nothing about the moral character of the driver nor does the additional 10 miles per hour over the speed limit manifest a faulty moral conscience. The act’s wrongfulness depends on the prohibition, not the inherent gravity of the movement. Failure to shovel a sidewalk in a snowstorm or to register or inspect a vehicle or violation of a zoning law illustrate infractions without much moral dimension and, as a result, are designated mala prohibita rather than mala in se. In the overall scheme, most prohibited criminal offenses provoke less outrage from the community. It will be rare for public clamor to reach a crescendo over a tax cheat or consumer fraud case, although the very opposite is true with those offenses declared mala in se.

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  Smoke but No Fire

  Convicting the Innocent of Crimes that Never Happened

  • Jessica S. Henry(Author)
  • 2020(Publication Date)
  • University of California Press

    (Publisher)

  My innocent clients, who were poor and almost always black or brown, invariably took the arraignment plea offer. They didn’t want the very real hassle and inconvenience of having to deal with the criminal court logistics—endless security lines, bag searches, and courtroom delays—even to fight a case that should never have been brought. They could not afford to miss more work. They had no one to watch their children or help their elderly relatives. It was a rare case when my client was willing to litigate a trespass charge to the bitter end. For the few who agreed to return, I filed motions to dismiss their cases. We often, though not always, prevailed. In other cases, my clients started out willing to challenge the charges but eventually decided to plead because the fight was too burdensome.

  I left the Bronx public defender’s office well before a series of lawsuits were filed, discussed later in this chapter, that challenged the NYPD’s aggressive pursuit of trespass cases and the NYPD’s stop-and-frisk practices in general. But they highlight a much larger problem that exists in urban policing today: the routine and indifferent arrest and processing of massive numbers of poor people of color into and out of our criminal justice system for low-level misdemeanor offenses, many of which never happened in the first place, under the guise of fighting crime.

  MISDEMEANOR PROCESSING IN THE CRIMINAL JUSTICE SYSTEM (THE BIG PICTURE)

  Misdemeanor crimes are crimes that can be punished by up to one year in jail. Minor drug possession, driving while intoxicated, petty theft, prostitution, fare jumping, graffiti, trespassing, loitering, certain assaults, and disorderly conduct are all examples of misdemeanor crimes. By one estimate, 13.2 million misdemeanor cases are filed every year, yielding millions and millions of misdemeanor convictions annually.3

  How many of these cases involve innocent people who were charged with crimes that did not happen? No one knows the answer to that question. In truth, data about misdemeanor wrongful convictions are scarce. Innocent people who plead guilty in misdemeanor cases are rarely later identified and almost never exonerated for their crimes. In fact, even though misdemeanor cases make up the bulk of crimes in the criminal justice system, they represent less than 4 percent of all known exonerations in the NRE database.4

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  A Modern View of The Criminal Law

  Pergamon Modern Legal Outlines

  • S. W. Stewart, W. A. J. Farndale(Authors)
  • 2016(Publication Date)
  • Pergamon

    (Publisher)

  (e) A sentence in excess of twelve months' imprisonment for felony was followed by disqualification from holding public office, voting at elections, becoming a Member of Parlia-1 See Chap. 9. Classification of Criminal Offences 41 ment, and, theoretically, the receipt of a pension. Such disqualifications did not generally apply to persons con-victed of misdemeanour. T H E C R I M I N A L L A W A C T , 1 9 6 7 — A R R E S T A B L E O F F E N C E S The Criminal Law Act, Part 1 of which implements the recommendations contained in the Criminal Law Revision Com-mittee's Seventh Report entitled Felonies and Misdemeanours, 1 makes provisions which abolish the division of offences into felonies and misdemeanours and also provides for the amend-ments to the law which will necessarily be required by this abolition. Section 1 of the Act states that all distinctions between felony and misdemeanour are hereby abolished and goes on to provide that subject to the provisions of the Act, the law and practice applicable to misdemeanour, including that relating to mode of trial, is to be applied to all offences. One of the most important distinctions between felony and misdemeanour was that the power of summary arrest, i.e. arrest without warrant was considerably wider in respect of felony. The Act provides that in future summary arrest will depend upon whether or not the offence comes within a new classification of arrestable offence. Section 2 of the Act defines an arrestable offence as one for which the sentence is fixed by law or for which a person (not previously convicted) may under or by virtue of any enactment be sentenced to imprisonment for a term of five years, and to attempts to commit any such offence. The section also provides details when summary arrest may be affected in relation to an arrestable offence: (a) By any person, anyone who is or whom he, with reasonable cause, suspects to be in the act of committing such an offence. 1 Cmnd. 2659. M.V.C.L.—C

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