subject: Are You Being Fined for a Misdemeanor ? [print this page] Author: Kevin Jones Author: Kevin Jones
A misdemeanor is any offense that is punishable under Florida laws, or that would be punishable if committed in Florida, by imprisonment in the local county jail. Misdemeanor charges include, but are not limited to simple/domestic batter, criminal mischief, resisting arrest without violence, possession of marijuana, prostitution, passing worthless bank checks and petit theft. The statute makes distinctions for felonies and misdemeanors. The value of the property and the number of times you have been convicted for this crime determines whether you will be charged with a felony or a misdemeanor. If the value of the alleged "stolen property" is under $250.00 and it is your first offense in this area you will be charged with a misdemeanor. If the value of the property is over $250.00 and you have been previously convicted for this type of offense you will be charged with a felony. Often times the value of the stolen property is in dispute. This is where the services of a qualified and experience Massachusetts criminal attorney is critical to defense. Receiving Stolen Property under $250.00/First Offense - - Misdemeanor: Jail for up to 2 years; A fine of up to $250.00 Receiving Stolen Property Over $250.00/For a Second or Subsequent Offense - - Felony: State prison for not more than five years; Jail for up to 2 years A fine of up to $500.00 There are not many differences in the procedural prosecution of felonies and misdemeanors. All require that the government bring some sort of formal charges against you, and accord you due process of law. However, the state needs to follow more formal procedures to prosecute you for a felony. For example, an accused can be prosecuted for a misdemeanor in court without an indictment or a preliminary hearing. The difference might also affect how a person appeals the conviction. For example, in California, a person convicted of a misdemeanor appeals to a different court than a person convicted of a felony. n states that maintain a death penalty, all crimes punishable by death are felonies. In some states such as New York, New Hampshire and Rhode Island, a crime is a felony if it is punishable by more than one year in jail. In other states, such as Arizona and Wisconsin, a crime is a felony if it is punishable by imprisonment in a state prison or penitentiary. A misdemeanor is generally a crime that is punishable for a year or less in prison, or only in a county or local jail. Some states, such as California, have alternative felony/misdemeanor crimes, also known as wobblers. A wobbler is a crime that can be charged as a felony or a misdemeanor based on the circumstances. A wobbler can also be charged as a felony but reduced to a misdemeanor by the sentencing court pursuant to a statute.About the Author:
