Whether you can receive a jail sentence for a conviction on a misdemeanor offense depends upon the level of the misdemeanor charged. There are three classifications for misdemeanors: Class A, Class B, and Class C misdemeanors. Class A misdemeanors are the highest level of misdemeanor offenses with the most serious consequences and Class C misdemeanors are the lowest level of misdemeanor offenses with the least serious consequences.
The only penalty for a Class C misdemeanor is a fine of up to $500. There is no possibility of jail time if you are convicted of a Class C misdemeanor offense. Some common types of Class C misdemeanor offenses include a first-time driving while suspended charge, having an open container of alcohol in your vehicle, and public intoxication.
Can I Go to Jail for a Misdemeanor Crime?
A conviction for a Class B misdemeanor, however, can result in jail sentence of up to 180 days, as well as a $2,000 fine. Common Class B misdemeanor offenses include:
· A first-time DWI offense
· Possession of two ounces or less of marijuana
· Criminal trespass
Probation or deferred adjudication may be options for many Class B misdemeanor charges, including DWI charges. There occasionally may be diversion programs for some Class B misdemeanors. You will be ineligible to possess a firearm for five years as a result of a Class B misdemeanor conviction.
A Class A misdemeanor carries the potential for a county jail sentence of up to one year, and a fine of as much as $4,000. It is a Class A misdemeanor for various criminal offenses, including assault that results in bodily injury to another, resisting arrest, evading arrest, and third-time DWI offenses. It is possible to receive a two-year term of probation or have prosecution deferred for two years in some cases on a Class A misdemeanor charge, with the exception of some DWI offenses. A Class A misdemeanor conviction also will prohibit you from possessing firearms for a period of five years.
The criminal defense lawyers of Peek & Toland have handled the legal defense of countless individuals who are facing criminal charges. We are here to protect your rights and advocate on your behalf in order to get the best outcome possible in your case. Call our office today at (512) 399-2311
to set up an appointment with our criminal defense attorneys today.