5 Common Misconceptions About Misdemeanors

Getting convicted of a misdemeanor crime is no big deal…right? Well, not really. Like with felonies, some are worse than others, but all are things that should be taken very seriously. A misdemeanor is still a crime and, even though it might not be the worst crime, it’s still a crime nonetheless. But what does it really mean when you get convicted of a misdemeanor and how badly can it affect your future? The answer is not straightforward, as it may depend on the type of misdemeanor and what sentence you receive.
Criminal law, particularly as it pertains to misdemeanors, is rife with misconceptions and misunderstandings about misdemeanors. In this blog we’ll try to dispel some of these myths and shed some light on the truth about that misdemeanor lurking on your (or your friends, or your employee’s, or your tenant’s) criminal record. Let’s discuss.

1.   Misdemeanors don’t matter
One of the biggest mistakes that people make when they think about misdemeanors is that they don’t matter. This is false. Although a misdemeanor isn’t as “bad” as a felony, it’s still a crime that goes on your record and will turn up when a background check is performed on you. So although it’s not as bad, it’s still something that people will use as a judge of character.

2.  You can’t go to jail
This myth is simply untrue. By definition, a misdemeanor is a crime punishable by up to one year in jail.  While it’s probably not likely that you’re going to go to jail for many misdemeanors, it is still something for which some people still get jail time depending on the nature of the offense, the existence of a prior criminal record, and where you are being prosecuted.

3.   Employers don’t care
Although sometimes this myth might be true, how much they care might depend on what the misdemeanor is and the nature of your profession. Many times employers actually do care because it may give an employer concern about your character and whether you would make a trustworthy employee.

4.   It won’t show up in a background check
Again, false. The truth is that if you have been convicted of a misdemeanor you now have a criminal record regardless of whether the punishment was a minor fine or a prison sentence.

5.   Misdemeanors disappear off your record.
And, finally, another false assumption. Getting convicted of a misdemeanor means that, in most cases, it will be on your record for life. It also means that anyone who performs a background check on you will probably find it, so make sure to speak with an attorney right away to determine the best course of action from the moment you are charged.

Speak with an experienced criminal law attorney today.
Getting convicted of a misdemeanor is serious, so it’s important that you take it seriously and deal with it in the best way that you can. The best place to start is with an experienced criminal law attorney who can help fight  the charge and work towards clearing your name. If you have been charged with a misdemeanor, contact Weisberg Kainen Mark, PL at (305) 374-5544 today.

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Weisberg Kainen Mark, PL

As experienced trial lawyers with a passion for justice, our firm provides clients with compelling advocacy, attorney availability, and creative solutions to your tax or criminal law matters.

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