One must have probably heard the word ‘misdemeanor’ but is still confused about it. A misdemeanor is a term used by most people who do not know what it is or don’t know what it entails. Anyway, what does it mean? How does it work? What does it entail?
What is a Misdemeanor in Louisiana?
A misdemeanor is a general term used to refer to all criminal offenses that are between minor cases and cases of felony. Misdemeanors do not carry a potential sentence at hard labor.
The Louisiana State Legislature, however, defined misdemeanor as any offense which is not a felony, and which also includes the violation of any ordinance providing a sanction. Most often, people charged with misdemeanors are given lesser punishable penalties which are criminal fines and jail terms of not more than one year. The punishment for misdemeanor charges is light because the offenses in question are not as serious as those known as felonies. Still, a crime is a crime, and every crime has a penalty or punishment for defaulters unless such a person is above the rule of law.
Types Of Misdemeanor Charges
Misdemeanor charges may include:
- Theft: So many crimes fall under theft, as long as they involve intentionally removing or taking another person’s property without their knowledge and consent. These crimes include burglary, robbery, shoplifting, embezzlement, extortion, and so on. So many people engage in these crimes regularly and are usually brought to book when caught, by arresting and charging them with a misdemeanor.
- Public drunkenness and recklessness: A person charged guilty of public drunkenness has constituted a nuisance to the general public under the influence of alcohol. Such a person is charged with misdemeanor, and may just be made to pay a fine while serving a probation term.
- Assault and battery: They may emanate from contact with the victim or not. However, it will be fully discussed under the examples of misdemeanors.
Examples of Misdemeanors
In some states, a misdemeanor may be regarded as a felony, and a felony regarded as a misdemeanor. It varies according to state. It is necessary then, that you are conversant with the laws of the state you reside in. In this way, you can differentiate between misdemeanors and felonies.
In New Orleans, St Tammany, there are so many examples of cases of misdemeanors. So many people are guilty of one daily. They are however caught and made to pay the penalty or serve punishments for their crime.
Well, here they are:
- Assault and Battery: In the case of an assault, there may be no physical contact between the victim and the offender. In a case of battery, however, there is usually a contact without the consent of the victim. Whichever one it is, it is usually intentional. It involves threatening someone, pointing a weapon at the person or attempting to injure them.
- DUI/DWI: These terms are used interchangeably. DUI means Driving Under the Influence while DWI means Driving While Intoxicated. They both happen as a result of the influence of alcohol or drugs. If arrested by a police officer, you are charged with misdemeanor.
- Burglary: This is when someone illegally breaks into a building with the intent to commit a crime of theft. This is a very common cause of misdemeanor as most people engage in it.
- Unlawful possession of a weapon: If you are illegally and unlawfully in possession of a weapon, whether a gun or anything of the sort if you are caught, you will be charged with misdemeanor.
- Resisting arrest: If you also try to resist an arrest from a law enforcement official, you are guilty of misdemeanor.
- Breaking a rule on a restraining order: If you have been given a restraining order and you in any way break the rules, you are guilty of an offense.
Other examples of misdemeanors include interfering with custody, reckless conduct, violations, and so on.
Do You Need A Lawyer For Your Misdemeanor Charge In New Orleans?
As you know, all crimes are punishable by law, misdemeanors inclusive. There are offenses which are not allowed to easily slide. In this case, Louisiana State laws guiding New Orleans have penalties for defaulters.
You need a criminal defense lawyer, New Orleans to help you fight your case of misdemeanor. You may need to contact a professional and well-experienced lawyer to give you legal advice concerning your case and help you all through the process of your case and trial. A good lawyer will help to reduce your charges, jail term and fine.
According to the Louisiana State Legislature, after your arrest, you face a trial. You can also be granted bail so you don’t stay in jail all through your legal process. A search warranty might also be issued to be used on you.
If a person had been charged with misdemeanor, as earlier mentioned, the penalties are lesser than in felony cases. In New Orleans, you are required to pay a fine of not less than $500 and not more than $1000. If you are given a jail term, it is usually not more than a year.
Barkemeyer Law Firm – How Do We Help In Your Misdemeanor Case?
At the Barkemeyer Law Firm, our professional lawyers will help you fight your misdemeanor case. With our years of experience in handling legal issues, we can help you with legal advice, and also protect your criminal record for future purposes.
In all, we advise that you avoid anything that would make you get a misdemeanor charge because the law is sometimes quite difficult to win over as every crime is considered punishable by law.
Anyway, however it is, we always do our best for all our clients, by trying to keep them from being convicted and sent to jail. If they are to pay a fine, we help in such a way that their fine fee will be reduced.
With regards to all these, contact the Barkemeyer Law Firm for all cases and charges of a misdemeanor. We promise efficiency, accountability, and top-notch professionalism to all our clients. You are also welcome to make inquiries.
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170