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Misdemeanor Crimes

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Misdemeanor Crimes
Jeffry A. Tatsch
Ogeechee Technical College
Intro to Criminal Justice / CRJU 1010
September 7, 2012
Thomas Safrin

Misdemeanors
Misdemeanors are offenses less serious than felonies and usually punishable by incarceration of no more than one year, probation, or intermediate sanctions.
Approximately ninety percent of all criminal cases fall into the category of misdemeanors. These include public drunkenness, shoplifting, prostitution, disturbing the peace and traffic violations. The lower courts where speed is essential handle misdemeanors, also known as the “garbage of the system”. Defendants are encouraged to plead guilty quickly, thus trials are rare, processes are informal and fines, probation or short jail sentences are the results.
Similarities and Dissimilarities of Misdemeanors
There is no universal rule among the states to determine what constitutes a misdemeanor and what constitutes a felony. Generally, crimes that are punishable by incarceration of one year or less are misdemeanors, and crimes punishable by incarceration of more than one year are felonies. Beyond the maximum period of incarceration, whether a crime is a felony or a misdemeanor is significant because it will have a bearing on criminal procedures and constitutional rights. The office of Williamson County, state of Texas is responsible for the prosecution of all misdemeanor cases that are filed in Williamson County. “Misdemeanor” is defined in the law as any crime where the maximum possible jail time is one year or less. There are three categories of misdemeanors: Class A; Class B; and Class C. Class A misdemeanors are punishable by a fine of up to $4,000 and/or confinement in jail of up to one year. Some examples of Class A misdemeanor offenses include assault causing bodily injury, driving while intoxicated second offense, theft of property valued at $500 to $1500, and resisting arrest. Class B misdemeanors are punishable by a fine of up to $2,000 and/or confinement in jail of up to six months. Some examples of Class B misdemeanor offenses include driving while intoxicated first offense, possession of marijuana less than two ounces, and telephone harassment. Both Class A and B misdemeanors are handled in the three County-Courts-at-Law.
Class C misdemeanors are punishable by a fine of $500 or less and no jail time. Those cases are typically heard in the four Justice of the Peace courts in Williamson County. Prosecutors from this office are assigned on a rotational basis to prosecute those cases in the individual justice courts.

A misdemeanor is an offense other than traffic infraction of which a sentence in excess of 15 days but not greater than one year may be imposed (New York State Penal Law, Article 10). A misdemeanor is a crime. Petit larceny, criminal mischief in the fourth degree and assault in the third degree all fall into this category. Misdemeanors are grouped into one of three classes: Class A, Class B, or Unclassified. Upon conviction of a Class “A” misdemeanor, a court may sentence an individual to a maximum of one year in jail or three years probation. In addition, a fine of up to $1,000 or twice the amount of the individual’s gain from the crime may be imposed.
Offenders found guilty of Class “B” misdemeanors face maximum penalties of up to three months imprisonment or one year probation. In addition, a fine of up to five hundred dollars or double the amount of the defendant’s gain from the commission of the crime may be imposed. An unclassified misdemeanor is any offense not defined in the Penal law (other than a traffic violation) for which a sentence of imprisonment of greater than 15 days but not in excess of one year may be imposed.

Conclusion
It is my opinion that misdemeanors should be broken down like the states of New York and Texas for example. I believe that all states should be the same as far as spelling out the misdemeanors by classes. To me it would be unfair if I were to have a misdemeanor in Georgia that wasn’t a punishable misdemeanor in another state. I wouldn’t agree if the same offense had a large variance in the size of the fine or incarceration time. I don’t believe each state should have the right to vary what they classify as a misdemeanor. Each states criminal justice system should be alike.
For example, truck drivers who travel through multiple states each day. They do not have the time to be familiar with every single penal code from state to state, much less county to county. In conclusion, I understand why misdemeanors exist. It’s to keep the smaller crimes from filling up county jails all over the states by using fines and probation as a tool.

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