Misdemeanor
James Watkins specializes in defending those accused of misdemeanors and felonies. His team has an outstanding record of obtaining alternative sentencing and reduced sentences, and expunging records (erasing charges) for their clients.
Misdemeanors are usually charged by a written complaint or “information” (formal charges without a grand jury). Typically the complaint is mailed to the accused by the prosecutor’s office requesting their presence in court at a specified date.
While misdemeanor charges may be considered minor, being accused and/or convicted can have devastating lifelong effects.
Misdemeanor examples include:
- DUI (driving under the influence)/DWI (driving while intoxicated): 1st , 2nd, or 3rd offense, no injuries
- Trespass
- Petty Theft/Shoplifting
- Disorderly Conduct
- Obscene Matter
- Probation Violations
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- Unlicensed Driver
- Gambling
- Solicitation of Prostitution
- Violation of Restraining Orders
- Reckless Driving
- Assault and Battery (no or minimum injury)
- Domestic Violence
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Elevating Misdemeanors to Felonies
If the prosecutor alleges a prior similar act, he/she may elevate a simple misdemeanor to a felony with the possibilities of increased jail time and a state prison sentence. Examples of these offenses include:
- Petty Theft
- Domestic Violence
- Violation of a Domestic Violence Order
- Drunk Driving (DUI/DWI) with 3 priors in 10 years
- Indecent Exposure
- Loaded Firearm in a Public Place
Whether a crime is charged as a misdemeanor or a felony depends on the seriousness of the crime, injuries to the victim, and the defendant’s prior criminal record.
Misdemeanor Sentencing: Penalties and Consequences
If a defendant is convicted of a misdemeanor, either by a plea or a jury trial, the court can impose probation (informal) with or without jail time, community service, physical labor, counseling, restitution (paying the victim), fines ($200 to $2,000), and “stay-away” orders.
A conviction also results in the person having a permanent criminal record. |
