| Misdemeanor punishments are divided into classes that | | | | typically consists of confinement for a term of up to |
| depend on the state. A punishment for petty theft | | | | one year in the county jail and/or a fine not to exceed |
| could have a more lenient punishment than aggravated | | | | $2,000. |
| assault. However, the details of a case (e.g., prior | | | | Class A Misdemeanor |
| convictions, probation) will have an effect on the | | | | The punishment of a Class A Misdemeanor typically |
| punishment. | | | | consists of confinement to the county jail for a term of |
| Crimes considered misdemeanors include: | | | | up to one year and/or a fine not to exceed $4,000. |
| - DUI | | | | Some common Class A Misdemeanor crimes include |
| - Shoplifting | | | | a second DWI (Driving While Intoxicated) charge, an |
| - Vandalism | | | | assault charge, the burglary of a vehicle, and the |
| - Prostitution | | | | unlawful carrying of a weapon. |
| - Reckless driving | | | | While it's fairly obvious that imposing the death penalty |
| - Drug possession | | | | on someone convicted of a first time burglary is |
| A person sentenced to serve time as the result of a | | | | almost certainly cruel and unusual punishment, the |
| misdemeanor typically will go to a jail as opposed to a | | | | courts have allowed persons with multiple convictions |
| prison, as in felony cases. In some cases, a person will | | | | for non-violent crimes such as writing bad checks to |
| have the opportunity to serve time only on the | | | | be sentenced to life in prison without parole as habitual |
| weekends until the jail-time requirements are met. | | | | offenders. In other cases, persons sentenced to |
| A misdemeanor is a “lesser” criminal act, | | | | lengthy prison terms for the possession of small |
| carrying a less severe punishment than felonies but | | | | amounts of marijuana have also been upheld when |
| are more serious than regulatory offenses. | | | | challenged on Eighth Amendment grounds. On the |
| Misdemeanors in the United States general have a | | | | other hand, physical abuse, such as beatings and |
| maximum punishment of 12 months in jail, typically the | | | | torture, have consistently been held to constitute the |
| local jail. Some common misdemeanors include, petty | | | | kind of cruel and unusual punishment prohibited by the |
| theft, prostitution, public intoxication, simple assault, | | | | Eighth Amendment. |
| disorderly conduct, trespassing and vandalism. In | | | | Another alternative form of punishment is community |
| addition to full jail time, misdemeanor punishments | | | | service. Community service is most often used in |
| include probation, community service or part-time | | | | misdemeanor cases, or occasionally when the criminal |
| imprisonment served on the weekends. | | | | has been convicted of a non-violent felony, such as |
| There are several different classes o misdemeanors | | | | embezzlement. Community service can take a variety |
| that carry their own severity of punishment. The | | | | of forms, including everything from cleaning up |
| lowest level is a Class B Misdemeanor and the highest | | | | roadside parks to presenting speeches and seminars |
| level is a Class A Misdemeanor that carries a more | | | | on the evils of crime. Community service is sometimes |
| severe punishment. | | | | granted when the convict has a high level of visibility to |
| Classes of Misdemeanor Offenses | | | | the public. For example, celebrities such as rock |
| Class B Misdemeanor | | | | musicians and movie actors may be given sentences |
| Common Class B Misdemeanor charges include one | | | | of community service because the court believes that |
| DWI charge, a criminal trespassing charge, theft by | | | | more good can be done for society through the |
| check from $50 to $500, and evading arrest or | | | | celebrity's service than through his imprisonment. |
| detention. The punishment of a Class B Misdemeanor | | | | |