Misdemeanors
A misdemeanor is a less serious crime, such as minor theft or public intoxication. The
punishment for a misdemeanor is generally a fine or a period of incarceration in a local
jail for less than a year. Typically, misdemeanors do not lead to an indictment or the
convening of a grand jury, although some cases may be treated more seriously, as the
same action can lead to a misdemeanor or a felony charge. Defendants are not entitled
to a court-appointed attorney when there is no chance of incarceration. In Nebraska,
there is a county court system designed to handle misdemeanors. A lawyer with
experience in criminal defense can advise you on these procedures. While a
misdemeanor charge is less serious, conviction can still cause difficulties for an individual who becomes a defendant. A conviction of a misdemeanor can result in the
loss of a professional license, a loss of employment or the loss of driving privileges.
Persons charged with a misdemeanor should still obtain counsel to determine the impact
of a conviction.
The penalties for a misdemeanor conviction are often less severe than felony penalties.
This means more than simply smaller fines or less jail time. Persons convicted of a
misdemeanor can usually vote, serve on juries, and work in their profession. A felony
conviction makes all of these much less likely. In some instances, a defense attorney
can negotiate a reduction of a felony charge to a misdemeanor in order to reduce the
punishment and future consequences of conviction.
The serious consequences of a conviction means you should consult immediately with
an experienced criminal defense attorney, should you be charged with a misdemeanor
or felony.
You should also keep in mind that some crimes may be charged as either a
misdemeanor or a felony. In many states, marijuana possession is a misdemeanor,
while possession of the same amount is a felony in other states. An assault can be
charged as a felony or misdemeanor, depending on whether it the nature of the injury.
A traffic violation can become a misdemeanor or even a felony if it leads to injury or
property damage.
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