Misdemeanor meaning and types of crimes & what is moving traffic violation a misdemeanor?

A crime in the legal system of the United States gets categorized into different sectors. The level of crimes is a felony, infraction, and misdemeanor. A felony is the most severe type of crime. A violation is a less severe crime that typically invites nothing more than a monetary fine. Misdemeanor gets termed as a mix of felony and infraction. 

Let’s explore each level of crime.

Felony

Crimes get considered a felony when they are punishable by more than a year in state prison. Serious crimes like murder, rape, illegal sales of drugs, terrorism, etc. Are felonies. The punishment for a felony is the most serious of all other crimes. 

Infraction

Petty thefts, physical exchanges, etc. are all examples of the infraction. An infraction is a crime committed with the intention to rip the victim from some aspects of monetary or other pleasure. Convicts under offense invite a monetary fine but repeated ones have to spend a certain amount of time in prison. 

Misdemeanor

People committing shoplifting, serious physical assault, robbery, drunk driving get termed as convicts of a misdemeanor. The punishment under a misdemeanor is jail time of not more than one year. Sometimes, a convict has to serve jail time and pay an additional monetary fine. 

One thing to note is if a convict commits repeated misdemeanors, he or she can be charged with a felony. It invites more severe and heavy punishment. It is important to understand the misdemeanor meaning to differentiate it from a felony.

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How can a misdemeanor be a felony?

Several factors decide whether a crime is a felony, infraction, or a misdemeanor. The offense can get classified into different categories with: 

The incurred damage

Types of misdemeanor crimes, such as property crime, can get upgraded to a felony. The factor to consider for the up-gradation is that if the damage incurred exceeds a specific amount, it is a felony. After that, the punishments viable under a felony can get charged on the convict. 

Victim’s social status

Some misdemeanors can be treated as felonies if committed against certain types of individuals. Suppose a misdemeanor is committed against a law enforcement officer or a minor or some older adult or against people who lack the general mental capacity. In that case, it can get treated as a misdemeanor. 

Evidence produced against the committed crime

Misdemeanors such as assault can get upgraded to a felony. It will result if it pertains to a certain level of criteria. For instance, if the misdemeanor is committed using a firearm or other deadly material but fails to do the level of damage but the intention was to harm seriously, it can be termed a felony. 

Record of the convict
If you are a usual visitor to the court of law or a police station under some of the other levers of the committed crime, your case can be converted into a felony. 

Examples of misdemeanors

Examples of misdemeanors include:

Minor crimes, committed in the light of day or some serious ones can be termed as misdemeanors. Some examples of misdemeanors are:

  • Drug possession
  • Driving under the influence of alcohol
  • Petty theft and shoplifting
  • Minor or simple assault 
  • Trespassing without valid permission
  • Minor vandalism
  • Sex crimes such as solicitation, prostitution, and indecent exposure in social environments
  • Resisting arrest by a police officer
  • Some cybercrimes, including stalking or bullying

Is moving traffic violation a misdemeanor?

There are instances when a traffic violation is regarded as a crime. Generally, these crimes are regarded as infractions and invite a monetary fine. Serious traffic violations such as accidents, drunk and rash driving, etc. can be termed misdemeanors. 

In the case of a moving traffic violation, it can only be termed as a misdemeanor if it hurts somebody else or intends to break traffic rules. 

Conclusion

After understanding misdemeanor meaning and its certain examples, you can classify various crimes into different levels. 

In case you are convicted of any crime, be it a misdemeanor or any other,  make sure you reach out for legal assistance with us. For more information on how to solve your case easily, click here.

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