How bad is a misdemeanor?
Let’s clarify the difference between a felony and a misdemeanor before we go any further. Aa misdemeanor isn’t as serious as a felony and if you’re going to be arrested, misdemeanor is the better one. The difference between the two starts with a misdemeanor bail being cheaper than a felony bail, then the difference is how long your incarcerated.
A misdemeanor crime is distinguished from a felony crime by the seriousness of the action that resulted in being arrested. Any injury to another person or the cash value of any property taken to the amount of drugs in possession and if there is proof there was intent to sell or distribute can all differentiate misdemeanor from felony and where Misdemeanor or felony bail is needed.
In the state of Michigan, there are three levels of misdemeanors that could have misdemeanor bail set by a judge at arraignment:
- Misdemeanors = 93 Days Incarcerated
A misdemeanor that can get you 93 days of incarceration is a crime under local law, state law, or both. Under state law, a conviction of this misdemeanor level has possibility of jail time, paying a fine of $500 maximum, or both. Crimes of this category include assault and battery, disturbing the peace, and embezzlement of money or property with a maximum value of $200.
- Misdemeanors = 12 Months Incarcerated
A court in Michigan can hand down a sentence of jail, a maximum fine of $1,000, or both. Crimes of this category can include $200 to $100 larceny, shoplifting, intentional firearm discharge without intent to injure.
- High Court Misdemeanors = 24 Months Incarcerated
A high court misdemeanor is punishable by up to 24 months prison time, a maximum fine of $2,000, or both. Crimes of this category are indecent exposure and negligent vehicular homicide.
What kind of charges are misdemeanors?
Each state is different and each jurisdiction within each state will differ. Some common examples across the board that will have misdemeanor bail set may include:
- Disorderly conduct
- Indecent exposure
- Petty theft,
- Public intoxication
- Reckless driving
- Simple assault
With marijuana laws varying and changing almost daily, the possession of cannabis can be a misdemeanor in some states if it is for personal use without medical validation. The laws governing marijuana possession are in constant scrutiny today, many states have legalized it, but on a federal level, it is still crime in any quantity.
Is there bail for misdemeanor?
Bail for misdemeanor charges is a pretty certain bet for anyone arrested on a misdemeanor charge in the state of Michigan. This usually means that they’ll probably never see a judge for arraignment. The state of Michigan is taking steps to simply the legal process and keep the courts moving, and misdemeanor bail setting is one of the first things being streamlined.
There are circumstances and factors in Misdemeanor with bail being set like if the offense has been committed before, the criminal background of the defendant, and what extent the crime was committed. Misdemeanor bail amounts will follow something along these lines:
- $2,500 for battery against a law enforcement officer
- $10,000 for battery against a spouse or any civilian. Felony offense for sexual battery excluded
- $15,000 for restraining order violation
- $2,500 for first offense for controlled substance possession
- $10,000 for second offense for controlled substance possession
Other misdemeanor bail amounts include any of the following crimes in the state of Michigan and other states:
Driving Under the Influence or Driving While Intoxicated:
- A first DUI charge misdemeanor bail can be up to $2,500
- A second DUI charge misdemeanor bail can be up to $10,000
- A third DUI charge misdemeanor bail can be up to $15,000
To the question of “how many misdemeanors equal a felony?”, a fourth DUI charge will become a felony with bail set up to $50,000.
In Michigan, any criminal offenses that otherwise are misdemeanors can be elevated to a felony charge for a second-time offender. This may or may not result in the defendant spending time behind bars. This is at the discretion of the judge who will review the defendant’s criminal history, community standing, and other factors.
Any time a person is arrested and placed behind bars, their first thought is typically, “how do I get out of here?”. With that in mind, their one phone call is to a family member or friend. So, do you need an attorney for a misdemeanor?
No, probably not, but depending on what the charges are and what the defendant’s criminal history is, it may be wise to see counsel. No matter how minor the charge that has resulted in misdemeanor bail or felony bail, the experience that an attorney can provide could get the charges dropped or expunged altogether. Call 844-YOU-WALK today for your misdemeanor bail needs in Mt. Clemens and Troy, MI.