What is the difference between a misdemeanor and a gross misdemeanor

The judge may:. Gross misdemeanors and felonies tend to be a bit more involved than misdemeanors and petty misdemeanors. The judge will make sure you understand both your constitutional rights and the many conditions of release.

Most Minnesotans tend to perceive a significant difference between a speeding ticket and a DWI. The referral counselors at the Minnesota Lawyer Referral and Information Service would be happy to help you find an appropriate criminal defense attorney near you. We can help you schedule a free minute consultation with an attorney who can answer your questions and help you understand your next steps. Clients Contact: At your hearing or court appearance you can request a: Continuance for dismissal Stay of adjudication A reduction in your fine Court trial bench trial Taking a petty misdemeanor to a bench trial where a judge will rule on your case is rare, but not unheard of.

Defending Yourself from a Misdemeanor or Gross Misdemeanor Unlike petty misdemeanors, which are in most cases an administrative issue where you just pay a fine and are done with it, misdemeanors will often require a court appearance.

Additionally, these are guidelines and neither the Judge nor the Prosecutor must seek the maximum sentence. However, those days could be suspended and, in that case, you would only spend the remaining days of that sentence in jail if you fail to comply with your plea or re-offend with another DUI.

Unless a different maximum sentence for a classified felony is specifically established by a statute of this state, no person convicted of a classified felony shall be punished by confinement or fine exceeding the following:. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.

Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine. You can also look at the State Sentencing Guidelines for further clarification.

However, it is important to note that, unless you understand all aspects of sentencing including offender score, etc. Familiarizing yourself with aspects of the criminal justice system, criminal charges, and sentencing can be helpful for general information but it is no substitute for legal advice. Every defendant, every criminal charge, and every sentence is unique. If you or someone you know is facing a criminal charge, consult with a criminal defense attorney.

At Witt Law Group PS, we always offer a free consultation so you can discuss the individual circumstances surrounding your charge. If we can help, give us a call or contact us via our website. We have offices in GIg Harbor and Bremerton for your convenience. Options for your consultation include in person, phone, Zoom and, for personal injury victims, we can come to you!

Contact Us. It may also include assault of a vulnerable victim, such as a child. Repeated stalking is more serious than stalking. This behavior must put the victim in actual and reasonable fear for their safety. Repeated stalking may consist of:. Not every state divides crimes into regular misdemeanor and gross misdemeanor categories. Some states identify misdemeanors by class. Classes of misdemeanors may be assigned a letter, such as A-E.

In general, Class A signifies the most serious misdemeanor and decreases in seriousness by letter. Some states also have laws that contain unclassified misdemeanors. These are a combination of more serious and less serious misdemeanors.

More serious unclassified misdemeanors include aggravated unlicensed driving and reckless driving. These types of crimes can be the equivalent of a gross misdemeanor in another state that uses that classification system or a Class A misdemeanor in a state that uses that classification system.

Less serious unclassified misdemeanors may include littering or minor gambling. These types of offenses may be the equivalent of a regular misdemeanor in another state or a misdemeanor below the Class A in a state that uses that classification system. When an individual has a prior conviction for a crime, it is usually said they have a criminal record. Having a criminal record can affect an individual in many ways, including whether or not they can obtain certain employment.

Criminal records are maintained in a database in local and county court systems in most states. These records are generally public and may be accessed by any individual. In certain cases, criminal records may be sealed or expunged. Gross misdemeanor convictions will also appear on background checks, such as those done for employment applications.

The rules and requirements for expungement will vary by state. It may also be known by other terms, such as record sealing. There are some common general requirements, including:. In some cases, individuals must wait a specific period of time, such as years, before a conviction can be expunged. It is always helpful to have the assistance of an attorney when petitioning a court for expungement. More serious misdemeanors will carry longer jail sentences than less serious misdemeanors. Additionally, more serious misdemeanors will carry larger fines than less serious misdemeanors.

A defendant may also be ordered to pay restitution, which is monetary compensation paid to the victim. Gross misdemeanor penalties may include one or all of those mentioned above. The punishment will vary by state.

Yes, defenses may be available to gross misdemeanor charges.