Misdemeanors are divided into one of four classes (3, 2, 1, and A1) ranging from the least serious, Class 3, to the most serious, Class A1. Class 3 misdemeanors carry a maximum active sentence of 20 days of incarceration, and Class A1 misdemeanors carry a maximum active sentence of 150 days. For misdemeanors, the defendant’s prior record level is divided into three categories: Level 1—no prior convictions; Level 2—one to four prior convictions; and Level 3—five or more prior convictions. Some of the most common misdemeanors include:
Shoplifting, or concealment of merchandise, is a Class 3 misdemeanor punishable by up to 20 days in jail and is often charged when items are concealed while still on store property. Misdemeanor larceny, a Class 1 misdemeanor punishable by up to 120 days in jail, is charged where the item taken is valued at less than $1000, no breaking and entering occurred, and the individual has exhibited the intent to deprive the owner permanently of its use.
A Class 2 misdemeanor, punishable by up to 60 days in jail, where the offender interferes with the carrying out of a law enforcement official’s duty. This can include running or resisting the police during an arrest, lying to an officer about your name or the location of an individual when an arrest warrant is being served, or interfering with an officer who is carrying out various other official duties.
Includes damage or destruction to buildings, land, or personal property such as vehicles, and punishable as a Class 1 or Class 2 misdemeanor. Trespassing – Trespassing occurs when one remains on property after being notified not to enter or remain on the premises, and it is punishable as either a Class 2 or Class 3 misdemeanor.
Charged as a Class 2 misdemeanor, these offenses involve public fighting, the public use of abusive language or gestures, blocking entry to a public building, disrupting the education of students in a public or private school, or disruption of a religious service.
Both Class 2 misdemeanors, simple assault is any offensive contact or the apprehension of harmful physical contact by another person and simple affray is defined as engaging in fighting in a public place.
These misdemeanors include threats of harm to another where it is reasonable to believe the threat could be carried out, as well as repeated contact with another in person, by phone, text, or email, where the purpose is to harass, threaten, or annoy the alleged victim.
For first-time offenders, Ryan has had great past success getting his clients entered into diversion programs that, upon completion, result in a voluntary dismissal. Call the Law Offices of Ryan B. Addison for more information.