Home Attorney Profile Practice Areas About the firm Contact Us
Practice Areas
Misdemeanors
Felonies
Misdemeanors
DUI and DWI Defense
Traffic
Juvenile Defense

Giannini Misdemeanor AttorneyAlmost every state classifies crimes as either a "misdemeanor" or a felony. Generally, felonies are very serious crimes that are punishable by imprisonment in the state's prison or penitentiary for one or more years, payment of a fine, or both. Good examples are murder and rape. Misdemeanors, on the other hand, are less serious crimes that usually are punishable by a fine, confinement in a county or local jail for several days or months, or both.

Generally, misdemeanors can be separated according to what's threatened, that is, human life or property. Also, many states classify misdemeanors upon their seriousness and the severity of the punishment. For example, you may hear about "first degree" or "second degree" misdemeanors or "class A" or "class B" misdemeanors. For instance, stealing $1,500 worth of property from someone may be a first degree misdemeanor and may have a maximum punishment of three months in jail and a $2,000 fine. Stealing on $500 may be a second degree misdemeanor with a maximum sentence of 30 days in jail and $500 fine. This all varies from state to state. Likewise, a crime may be a misdemeanor in one state but not in another state. For example, stealing property worth $500 in one state may be a felony in one state but only a misdemeanor in another state.

Below are descriptions of some of the most common misdemeanors that you may hear or read about. The names of the crimes, however, may be different in your state. You should check the laws in your area or talk to a criminal law attorney if you have any questions about specific crimes in your state.

Crimes against Persons

Simple assault: Sometimes called "assault and battery" or "battery," this crime is when you try to or actually cause another person to suffer a bodily injury. For example, punching someone in a barroom fight is an assault. Likewise, threatening to hurt someone without physically touching him may be a misdemeanor assault, too. This crime may be felony if you cause serious bodily injury and/or you use or threaten to use a dangerous weapon, like a gun or a knife.

Disorderly conduct: Also called "disturbing the peace," this crime typically involves unruly or raucous behavior in public places. Many things can fall into the category of "disorderly conduct," such as public drunkenness or intoxication; fighting; obstructing traffic; disturbing a peaceful assembly, like a speech in a park or public square; loitering; and making loud and unreasonable noise, like driving with your car stereo too loud.

DUI/DWI (driving while intoxicated, driving while under the influence, driving while impaired): This crime involves operating some type of vehicle while under the influence of alcohol or drugs, either illegal drugs or even prescription or over-the-counter medications. In most states, "vehicle" covers more than cars, and includes boats, motorcycles, bicycles and farm machinery. In addition, each state has specific laws on detecting the level of alcohol or drugs in an operator's body. In most states, a driver's first two DUI/DWI convictions are misdemeanors, and any later conviction(s) may be treated as a felony.

Domestic violence: Generally, this crime is an assault and battery committed by one household member against another. In most states, this includes not only spouses and children, but also ex-spouses and persons who live together in the same home. Some states even include persons who are dating. In many states, domestic violence is a misdemeanor for the first two convictions, and it's treated as a felony on the third and any later conviction.

Drug possession: As a misdemeanor, this crime usually involves the possession of a small amount of illegal drugs or narcotics, usually marijuana. It may also include the unlawful possession of a small amount of prescription drugs. Most states have "schedules" that classify the various types of drugs according to their danger for things like the potential for abuse and dependency or addiction, as well as for legitimate medical use. Also, most state laws set out in detail the quantity of each drug a person may possess for purposes of charging the possession as a misdemeanor or felony crime.

Prostitution: This crime is committed when someone asks for or offers to give some form of sexual contact, usually sexual intercourse, in exchange for something of value, usually money. In most states, there's no need for money to change hands or for a sexual act to happen. A person can be prosecuted for prostitution as soon as there's agreement that sexual favors will be exchanged for something of value.

Crimes against Property

Theft: Also called "larceny," this crime involves taking something of value without the owner's consent, with the intent to permanently deprive the owner of the thing. Shoplifting is a good example of theft. In most states, the severity of the crime depends upon the value of the property taken. For example, taking a candy bar from a drug store may be low-grade misdemeanor theft punishable by a fine, but stealing a car may be a higher misdemeanor crime punishable by a fine and jail time. Also, in many states, theft includes "receiving" or "possessing" stolen property. And "property" includes anything that has value, such as personal property, like clothing and jewelry; money; and services, like telephone and cable service.

Trespass: Generally, if someone enters onto another person's property without permission or legal authority to do so, and if he knows or should have known that he has no right to enter the land (such as when there are "No Trespassing" signs posted or the land is fenced), then he's committed the crime of trespass.

Vandalism: Sometimes called "criminal damaging," this crime is committed when someone destroys, defaces or damages another person's property without the property owner's permission or consent. Painting graffiti on a building; throwing rocks or eggs at someone else's home or car; and tearing down a portion of a neighbor's fence are good examples.

Home | Attorney Profile | Practice Areas | FAQ's | About The Firm | Contact Us | Privacy Statement | Disclaimer | Terms & Cconditions | Site Map
Felonies | Misdemeanors | DUI / DWI | Traffic | Juvenile Defense

220 West Crogan Street | Suite 200 | Lawrenceville | GA | 30045 | Phone: (770) 237-3800 | Fax: (770) 237-3208 | Email: rglaw@att.net
© 2009 - Giannini Law Office - Robert R. Giannini | Attorney at Law - All Rights Reserved

Robert R. Giannini is a lawyer specializing in Felonies, Misdemeanors, DUI's, DWI's, Traffic, and Juvenile Defense

Serving Clients in Clarke, Cobb, Jackson, Athens, Jefferson, Gwinnett, Dekalb, Rockdale, Fulton, Walton, Hall, Barrow, Forsyth Counties including Norcross, Lilburn,
Decatur, Chamblee, Roswell, Alpharetta, Sandy Springs, Dunwoody, Duluth, Sugarloaf, Johns Creek, Lawrenceville, Atlanta, Buckhead, Tucker, Cumming, Clarkston,
Sugar Hill, Snellville, Grayson, Loganville, Stone Mountain, Buford, Dacula, Winder, Conyers, Auburn, Lawrenceville, Flowery Branch & Doraville

Disclaimer – This website is a public resource of general information concerning our law firm. It is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. The website is not intended to be a source of legal advice. Links on this website are not intended to be referrals or endorsements of the linked entities. The lawyers identified on the website are licensed to practice law in the State of Georgia and nowhere else. Our firm does not intend to represent anyone desiring representation in a state where this website fails to comply with all laws and ethical rules of that state. No recipient of content from this site, client, whether current or otherwise, should act or refrain from acting based on information at this site. Giannini Law Office expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this site. Note: Nothing in this website creates or establishes an attorney-client relationship.

Website Designed & Developed by Elegant Image Studios Web Design