17 May 2023

Criminal Defense
There are three main types of criminal charges: infractions, misdemeanors, and felonies. In terms of severity, a misdemeanor is in the middle. Infractions are usually traffic violations and similar minor crimes that won’t even end in a criminal charge on your record unless you can’t pay the fine. Felonies, on the other hand, are the most serious offenses you can commit. If it’s serious enough, you can be sent to prison for years. But what are the penalties for a misdemeanor?

What Kind of Penalties Does Pennsylvania Give to Misdemeanors?

While misdemeanors are certainly serious offenses, misdemeanor crimes do not have the same permanent and lasting effect on society and/or their victims as a felony does. For example, felonies such as murder and sexual assault leave permanent scars on people’s lives in a way that can’t be undone with money. Theft, on the other hand, while serious, involves items that people can have insurance for, or that the guilty party can replace. It’s still illegal, but the effect the average misdemeanor had compared to the average felony is small. So while misdemeanors can still lead to fines and prison time, they’re not as severe as felonies. Misdemeanors are ranked by degrees, with their punishment breaking down into three types:
  • First-degree misdemeanor: Up to 5 years
  • Second-degree misdemeanor: Up to 2 years
  • Third-degree misdemeanor: Up to 1 year
The fines are based on the financial damage of the crime and have less to do with the degrees. A misdemeanor of the first-degree can have a smaller fine than a misdemeanor of the third-degree.

The Hidden Effect of Misdemeanor Penalties

The longer prison sentences and more extensive fines given as punishment in felony cases make misdemeanors seem lesser by comparison, but the punishments for misdemeanors shouldn’t appear any less. Having a shorter prison time means you get out of prison earlier than those charged with a felony, leaving you with a lot of time left in your life. At the same time, you may have debt from the fines you still have to pay. Not paying these fines does not go without consequence. This means that in many ways, you are being set up to go back to prison. Consider this statistic, as many as 60% of ex-prisoners are unemployed for a year after being released from prison. If the court doesn’t extend your payment plan, or any other form of mercy when it comes to the fines and debts you owe, you won’t be able to make your payments. This can lead to you going back to prison. This isn’t always the case. You can petition the court to waive the fines with legal help, or to exchange them for community service instead. Not everyone has this opportunity, especially when it comes to certain crimes. This means that even a minor misdemeanor can set you up for a life of hardship and repeat offenses. A misdemeanor is a criminal charge worth fighting, so don’t go in alone. Ensure you have an attorney on your side as soon as possible.

What Crimes are Misdemeanors?

There are many different misdemeanor crimes. We’ll separate them by what degree they’re considered. That way, you can keep track of the different variations of certain crimes as well.

First-Degree Misdemeanors

  • Theft of property valued between $200 and $2000.
  • Assault of a sports official
  • Terroristic threats
  • Stalking
  • Repeat DUIs
  • Simple Assault

Second-Degree Misdemeanors

  • Theft of property valued between $50 and $200
  • Shoplifting
  • Bigamy
  • Impersonating a public servant (police officer, doctor, fireman, EMT)
  • Strangulation

Third-Degree Misdemeanors

  • Theft of property valued at less than $50
  • Possession of marijuana
  • Open lewdness
  • Destruction or defacing of railroad property
  • Loitering

Take Every Charge Seriously and Contact Lermitte & Lubin, LLC

Misdemeanors are not minor charges that should be taken lightly. You need to take these criminal charges seriously because they are serious charges. They carry serious consequences that will follow you for the rest of your life if you are found guilty and hit with the maximum punishment. With the help of the criminal defense attorneys at Lermitte & Lubin, LLC, you have a chance in court. Contact us today.

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