Misdemeanor Law and Procedure

Misdemeanor

Criminal Sentencing

• Punishment for a misdemeanor is typically less severe than for a felony
• Sentences can include:
  • Fines
  • Imprisonment (usually less than 1 year)
  • Probation
  • Community service
• Some misdemeanors may have alternative sentencing options, such as:
  • Diversion programs
  • Deferred prosecution
  • Plea bargaining

Criminal Defenses

• Common defenses for misdemeanor charges include:
  • Lack of intent
  • Self-defense
  • Defense of others
  • Mistake of fact
  • Entrapment
• Some misdemeanors may have specific defenses, such as:
  • DUI: claiming a medical condition or involuntarily intoxication
  • Disorderly conduct: claiming free speech or assembly rights

Criminal Procedures

• Misdemeanor cases typically follow a more streamlined procedure than felony cases
• Key stages include:
  • Arrest or citation
  • Arraignment (initial court appearance)
  • Pretrial motions and negotiations
  • Trial (usually bench trial, not jury trial)
• Some misdemeanors may have specialized procedures, such as:
  • Traffic court for traffic violations
  • Small claims court for minor disputes

Comparison to Felonies

• Key differences between misdemeanors and felonies:
  • Severity of punishment: felonies typically carry harsher penalties, including imprisonment for over 1 year
  • Trial procedures: felony trials often involve a jury, while misdemeanors may have a bench trial
  • Burden of proof: the prosecution's burden is often higher in felony cases
• Some crimes can be charged as either a misdemeanor or felony, depending on the circumstances, such as:
  • DUI: can be a misdemeanor for a first-time offense, but a felony for repeat offenders
  • Assault: can be a misdemeanor for simple assault, but a felony for aggravated assault