The 5 most typical consequences of a misdemeanor conviction are:
- a fine,
- jail time,
- misdemeanor probation,
- possible loss of gun rights, and
- negative employment consequences.
Most states define a “misdemeanor” as a crime for which the maximum sentence is no more than one year in county jail. A misdemeanor is a less serious crime than a felony offense, which can lead to a jail or a state prison sentence of over one year.
Examples of misdemeanors include:
- DUI,
- disturbing the peace, and
- drug possession.
1. Fines
Misdemeanor charges can result in a fine. While the specific fine will depend on your crime, misdemeanor fines can total several thousands of dollars.
Note that the criminal laws of most states make a distinction between simple misdemeanors and aggravated misdemeanors.1 Aggravated misdemeanors are more severe crimes that result in harsher penalties.
If you are convicted of simple misdemeanor offenses, most states say that you can get punished with a fine of up to $1,000.2
Most aggravated misdemeanor convictions can result in fines of over $1,000.3
Examples of simple misdemeanor crimes include:
- petty theft,
- shoplifting, and
- trespassing.
Examples of aggravated or gross misdemeanors include:
- domestic violence,
- disorderly conduct, and
- driving on a suspended license.
2. Jail time
You can receive a jail sentence for a misdemeanor conviction. As with fines, the specific sentence you can receive will depend on the types of crimes that you commit.
By their nature, misdemeanors can result in a maximum punishment of up to one year in jail.
Simple misdemeanors usually result in a jail term of days, weeks, or a few months. But jail sentences can approach the one-year mark for aggravated or gross misdemeanors.4
Please keep in mind that jail time is not mandatory for criminal charges. This is true for both misdemeanor and felony charges. Jail and prison terms are but one type of penalty that a judge can impose in his/her discretion.
3. Misdemeanor probation
Misdemeanor probation is a possible consequence in misdemeanor cases where you spend a period of time under court supervision. The penalty is used as an alternative to detention.
While under court supervision, offenders must comply with certain conditions. Some of these can include:
- obeying all laws,
- going to counseling,
- paying restitution, or
- performing community service.
Violating one of these conditions can result in a probation violation and the possibility of going to jail.
The length of probation typically lasts up to one year, but it can be longer depending on:
- the severity of the misdemeanor that you committed, and
- the state in which you are convicted.
4. Loss of your gun rights
You will lose your gun rights following most convictions for misdemeanor domestic violence.
But you can also lose your gun rights for other misdemeanor convictions, like brandishing a weapon.
Depending on the facts of your case, you could lose your gun rights for years and even for the rest of your life.
Sometimes you can try to get your conviction expunged to restore your rights to own and possess a firearm properly. It is often best to consult with a criminal defense attorney to learn about all of your legal options.
5. Negative employment consequences
A misdemeanor conviction will result in you having a criminal record or criminal history.
This means that if a potential employer runs a criminal background check on you, the employer will usually learn of your past criminal cases. The employer may decide not to hire you because of your prior criminal offenses.
A criminal record may also limit your ability to:
- secure a professional license, or
- get accepted into college or vocational school.
Can a criminal defense attorney help?
Yes. Criminal defense lawyers can help minimize the damaging consequences of a misdemeanor conviction.
For example, they can help you:
- contest a misdemeanor charge with a legal defense, and
- enter into a plea bargain with a prosecutor.
Both of these can work to get you the lowest criminal penalties possible.
Further, if you do receive a misdemeanor conviction, a defense attorney can try to get an expungement for the criminal conviction to keep it from showing up on a background check.
Note that most defense lawyers and law firms offer free consultations. This means you can receive legal advice at no cost.
Legal References:
- Note that some states will use different terminology when making this distinction. For example, Washington makes a distinction between simple misdemeanors and gross misdemeanors. Florida, on the other hand, uses the terms first-degree misdemeanor and second-degree misdemeanor.
- See, for example, California Penal Code 19 PC.
- See, for example, Revised Code of Washington RCW 9.92.020 (gross misdemeanors can result in fines of up to $5,000).
- See, for example, Florida Statute 775.082(4)(a) and (b) (misdemeanors in the first degree can result in a jail sentence of up to one year, while misdemeanors in the second degree can result in a jail term of up to 60 days).
