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Questions and Answers
What is the typical maximum imprisonment period for a misdemeanor?
What is a common defense for a misdemeanor charge?
What is a key stage in the procedure for a misdemeanor case?
What is a key difference between misdemeanors and felonies?
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What type of trial is usually held for a misdemeanor case?
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What determines whether a crime is charged as a misdemeanor or felony?
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What is a primary factor in determining a plea bargain in Texas?
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What is another crucial consideration for a prosecutor before offering a plea bargain in Texas?
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What is a key aspect of criminal sentencing in Texas?
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What is a common difference between misdemeanors and felonies in Texas?
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What is a stage in the criminal procedure where a plea bargain might be considered in Texas?
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Study Notes
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
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Description
Test your knowledge of misdemeanor laws, sentencing, defenses, and procedures. Learn about the differences between misdemeanors and felonies, and explore specific examples of misdemeanor crimes and their consequences.
