Strategic Defense Against Misdemeanor Allegations
Misdemeanors are a classification of criminal offenses that are considered less severe than felonies. Therefore, they are sanctioned with less severe penalties. The defendant typically faces a judge or has a jury trial, and if convicted, the time served is in a county or a city jail. Misdemeanors do not negate voting privileges or prohibit firearm and ammunition possession, except for a domestic violence conviction.
Examples of misdemeanor offenses are:
Simple assaults, domestic violence, reckless driving, boating under the influence, criminal mischief, simple battery, prostitution, serious traffic violations, a first offense DUI, petty theft, possession of fewer than 20 grams of marijuana, vandalism, giving alcohol to a minor, shoplifting, disorderly conduct, animal cruelty, trespassing, indecent exposure, resisting arrest without violence, curfew violations, and driving with a suspended license.
Misdemeanors are first-degree or second-degree crimes. A first-degree misdemeanor conviction is punishable by up to one year in jail, one year in probation, and a fine up to $1,000. A second-degree conviction is for less severe violations. The penalties are up to sixty days in jail, six months’ probation, and a maximum fine of $500. At the discretion of the judge, it is possible to be sanctioned with community service, counseling, or restitution, instead of jail time. There is a statute of limitations for a misdemeanor. It is generally two years from the date of the crime for a first-degree conviction. For a second-degree crime, it is usually a one- year statute of limitations.
Attorney Isadore Hyde is committed to finding a Solution For the Most Challenging Cases.
It is crucial to have representation from a seasoned criminal defense attorney for the most favorable outcome. Attorney Isadore Hyde has proven results in the courtroom. He is a former prosecutor and public defender, which gives him an in-depth knowledge of criminal law and defenses. If you are the target of a criminal investigation or have been arrested, contact our office immediately. We will work proactively to resolve your issues.
Dismissed, Expunged, and Sealed Records
Certain misdemeanor charges can be dismissed if a law enforcement officer or complainant does not appear in court. Under some circumstances, convictions can be expunged or sealed, meaning that your past will not interfere with your future. If this occurs, the case will become confidential and not disclosed to the public in a background check. However, most government agencies can view sealed convictions.
- Involuntary intoxication is a valid defense if the defendant is not willfully intoxicated when a crime occurred.
- A mistake of fact happens when a person commits a crime, based on a misunderstanding of circumstances.
- In self-defense, the defendant must prove that reasonable force was used in proportion to the perpetrator’s acts.
- Duress occurs when a defendant commits a crime due to the threat of another.
- Mistaken identity is a viable defense for a defendant that can prove he was elsewhere when a crime occurred.
- A crime of necessity happens when a person commits a crime because the act was necessary to avoid the compelling danger of a more harmful situation.
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