What is a Gross Misdemeanor?
Before going deep in the process of understanding what Gross Misdemeanor is, it is critical to know that criminal offenses are categorized into two main categories, one is a felony, and the other is misdemeanors. So, when misdemeanors crimes are reviewed, it is a fact that there are different types of misdemeanors criminal offenses, and one such type is Gross Misdemeanor. It is basically a class of crime, which is not as serious as a crime under felonies; however, it is still considered a serious crime. One must know that misdemeanors are less serious crimes when compared with felonies, which means that Gross Misdemeanor also comes with a list of crimes, which are not considered too much serious by the law. That’s why Gross Misdemeanor punishment is up to one year in jail or a fine of up to $3000. In addition, you must remember the fact that keeping a universal definition aside, Gross Misdemeanor is a kind of criminal offense, which may be defined differently by every state with its own given circumstances.
What are Examples of Gross Misdemeanors?
To have more clarity about the Gross Misdemeanors criminal offenses, it is vital to look at some of the most common problems of Gross Misdemeanors, which are given below:
- Driving under the influence (DUI)
- Repeated Stalking
How can I get out of a misdemeanor?
There are certain procedures, which can help you to get out of a misdemeanor; however, it is necessary to remember that only first-time offenders will get such kind of leverage by the law. The first procedure is to avoid jail by diversion. This one is available for misdemeanors which are considered non-violent. In this program, the offender pleads guilty from the court. Then any sentence period assigned to the offender is suspended and he/she goes to attend the diversion program. If he/she completes this diversion program by fulfilling the criteria, then the charge on the offender will be dismissed, which leads to expunge the process of arrest. The other thing is called issuing a citation, especially for minor misdemeanors. A fine is imposed on the offender to pay, and no arrest is initiated. Still, you must be careful with these guidelines, as laws can vary between states. So, it depends on the law adopted and defined by the state, whether these leverages are allowed by them or not.
Misdemeanor vs. Gross Misdemeanor
You need to understand that Misdemeanor crimes are considered less serious as compared to Gross Misdemeanor crimes. However, the overall classification for both crimes will remain as minor crimes. There are few differences to keep in mind when Misdemeanor vs. Gross Misdemeanor is reviewed. The first difference is that “Right to a jury trial” is allowed for Gross Misdemeanor, whereas Misdemeanor is continued with a bench trial. The standard punishment for a Misdemeanor is up to 6 months in jail or paying the penalty of up to $1000. This standard penalty of Gross Misdemeanor can be up to 1 year or a fine up to $2000.
What is the most common misdemeanor?
When it comes to seeing some of the most common misdemeanors, the list includes the following crimes:
- Possession of drugs
- Public intoxication
- Basic assault
It is quite evident that Gross Misdemeanor is a kind of criminal offense which is less serious than felonies, and their punishment is also less severe. However, if you are stuck with any of such criminal charges, it is always advised to get in touch with a qualified and relevant attorney to continue with your case. One wrong decision at this stage can cost you a lot.