If a first-time misdemeanor offense results in a conviction, it could lead to consequences such as entry into a diversion program, fines, probation, jail time, and/or diminished job prospects.
Note that misdemeanors are criminal offenses for which the maximum penalty is generally up to one year in county jail. Misdemeanors are considered more serious than infractions, but less serious crimes than felony offenses.
Under the criminal laws of most states, the following are common misdemeanor offenses:
- first-time driving under the influence (DUI),
- shoplifting,
- disorderly conduct,
- low-level drug crimes, and
- petty theft.
1. Pre-Trial Diversion
Possibly, yes. Some first-time misdemeanor offenders may qualify for entry into a pretrial diversion program.
Diversion programs are designed to help first-time offenders avoid the criminal justice system. They work by requiring an offender to enter a class designed to treat the underlying issue for which the offender was arrested.
For example, if you were arrested for a drug offense, you may enter a drug abuse or substance abuse course.
If you successfully complete the course, a prosecutor will usually drop your criminal charge.1
However, if you fail your program, your criminal case will move forward as if diversion was never offered. Failure essentially means you could face the full penalties for your misdemeanor charge.2
Diversion programs are usually reserved for:
- first-time offenders, and
- those who have committed non-violent misdemeanors.3
2. Fines
Possibly, yes. Most jurisdictions say that a first-time misdemeanor could result in you paying a fine to the court.
The specific amount of the fine will likely vary depending on:
- the crime you committed,
- the facts of your case, and
- the laws of the state in which you were convicted.
Note that some states say that the maximum fine for a misdemeanor conviction is $1,000.4
Other states, however, authorize a criminal court to impose a fine of several thousands of dollars.5
Note that in addition to a fine, you might have to face other financial obligations for a first-time misdemeanor, such as:
- restitution, and
- payment to the DMV to reinstate your driver’s license.
3. Probation
Yes. A first-time misdemeanor offense can result in the court imposing misdemeanor probation.6
If awarded probation, you will serve your sentence in the community under the supervision of the court. You thereby avoid serving your sentence in county jail.7
Note that you must comply with certain terms and conditions throughout the duration of your probationary period (which typically lasts for between one to three years).
Examples of probationary terms include:
- performing community service hours,
- agreeing to random drug testing, and
- relinquishing your rights to a gun if a domestic violence conviction.
If you violate a probationary term, a judge could:
- revoke your probation, and
- make you serve the remainder of your sentence in jail.
4. Jail Time
Possibly, yes. A judge can impose a jail sentence if you are convicted of a misdemeanor, even for a first-time offense.
Please keep in mind that a judge may allow an offender to serve out a sentence via:
Note as well that a jail sentence is typically reserved for more severe misdemeanors, such as:
- aggravated battery,
- child endangerment, and
- burglary.
Most jurisdictions say that the maximum jail sentence for a misdemeanor is one year.8
In contrast, felony charges can result in more than one year of state prison sentences.
5. Impact on Employment Opportunities
Possibly, yes. A misdemeanor conviction will result in a criminal record or criminal history.
A problem here involves criminal background checks. A potential employer may run a background check on you while applying for a job.
The check may result in the employer learning of your misdemeanor conviction. This knowledge could hinder the employer from bringing you on board as an employee.
Note that you can try to get a misdemeanor conviction expunged to remove it from your record. Once expunged, you generally do not have to disclose to an employer that you were convicted of a crime.
If you are contemplating an expungement, it is generally wise to seek legal advice from an experienced criminal defense attorney.
A criminal defense lawyer will advise you on the requirements for an expungement in your particular state.
Additional reading
For more in-depth information, refer to these scholarly articles:
- Criminal Law: Punishment: Misdemeanors: Statutory Construction – California Law Review article on how to interpret misdemeanor statutes.
- Three Strikes and You’re in (For Life): An Analysis of the California Three Strikes Law as Applied to Convictions for Misdemeanor Conduct – Thomas Jefferson Law Review article on what qualifies as misdemeanor offenses.
- Misdemeanors – California Law Review article on how misdemeanor convictions can have devastating consequences on defendants.
- Misdemeanors by the Numbers – Boston College Law Review article that analyzes large datasets of misdemeanor cases by such variables as case duration, race of the defendant, and conviction rates.
- Crashing the Misdemeanor System – Washington & Lee Law Review article on how to improve misdemeanor prosecutions.
Legal References:
- See, for example, Nevada Assembly Bill 470.
- See same.
- See, for example, Florida Statutes 948.08 (2021).
- 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).
- Note that a misdemeanor conviction will likely result in misdemeanor probation, while a felony conviction can often result in felony or formal probation.
- Black’s Law Dictionary, Sixth Edition – “Probation.”
- See, for example, 730 Illinois Compiled Statutes 5/5-4.5-55.
