Misdemeanor Defense
Misdemeanor Defense
A lesser crime punishable by a fine and/or county jail time for up to one year. Misdemeanors are distinguished from felonies, which can be punished by a state prison term. They are tried in the lowest local court such as municipal, police or justice courts.
Examples of Misdemeanors include: petty theft, disturbing the peace, simple assault and battery, drunk driving without injury to others, drunkenness in public, various traffic violations, public nuisances and some crimes which can be charged either as a felony or misdemeanor depending on the circumstances and the discretion of the District Attorney. "High crimes and misdemeanors" referred to in the U.S. Constitution are felonies.
Domestic Violence
The continuing crime and problem of the physical beating of a wife, girlfriend or children, usually by the woman's male partner (although it can also be female violence against a male). It is now recognized as an antisocial mental illness. Sometimes a woman's dependence, low self-esteem and fear of leaving cause her to endure this conduct or fail to protect a child. Prosecutors and police often face the problem that a battered woman will not press charges or testify due to fear, intimidation and misplaced "love." Increasingly domestic violence is attracting the sympathetic attention of law enforcement, the courts and community services, including shelters and protection for those in danger.
Examples of Domestic Violence include: Physical abuse, any unwanted physical contact or touch intended to hurt or intimidate you, such as hitting, slapping, stabbing, burning, etc. Sexual abuse, any forced or unwanted sexual activity, such as rape, sexual assault, or coercion. Emotional abuse, any verbal or non-verbal behavior that aims to degrade, humiliate, or manipulate you, such as yelling, name-calling, threats, isolation, etc. Financial abuse: any attempt to control your access to money or resources, such as withholding, stealing, or restricting your income, expenses, or assets.
Expungement
Expungement is the official sealing of an individual’s records of arrest and conviction. This must be done by a court of law, and serves the purpose of making such records unavailable to people doing a background check. Because most employers, and many landlords, commonly ask applicants if they have a criminal record, and may not hire or rent to someone with a criminal past, the process of expungement has become more popular. To explore this concept, consider the following expungement definition.
Jose is arrested and charged with armed robbery. Before trial, a witness identifies another man as the suspect, and subsequent evidence, including fingerprints, prove the other man committed the crime. Although Jose was not convicted of the crime, the arrest and charge of armed robbery will show up on background checks, which could certainly cause havoc in his life.
Assault
The threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack. In some states if the assault is with a deadly weapon (such as sniping with a rifle), the intended victim does not need to know of the peril. Other state laws distinguish between different degrees (first or second) of assault depending on whether there is actual hitting, injury or just a threat. "Aggravated assault" is an attack connected with the commission of another crime, such as beating a clerk during a robbery or a particularly vicious attack. Assault is both a criminal wrong, for which one may be charged and tried, and civil wrong for which the target may sue for damages due to the assault, including for mental distress.
Examples of Assault include: Attempting to spit on or hit someone, brandishing or pointing a weapon at someone, verbally threatening someone with violence, pushing someone in an argument, attacking someone with a deadly weapon, a vehicle, or sexual force (these are more serious types of assault).
Criminal Trespass
The act of trespassing is knowingly entering another person’s property without that person’s permission. Trespassing is a criminal offense with various penalties depending upon the facts of the case. When someone commits a trespass against another person, rather than against his property, then the trespasser can be charged with assault or battery.
Examples of Criminal Trespassing include: An illegal act that causes injury or damage to another person or property, or the wrongful entry upon another’s property.
Disorderly Conduct
Disorderly conduct is a broad term that covers any behavior that disturbs the public order or peace or violates the law. Actions that disturb others are minor criminal offenses, such as public drunkenness, loitering, disturbing the peace, and loud threats or parties.
Examples of Disorderly Conduct include: Being loud or drunk in public, violating noise ordinances, fighting or brawling, making offensive expressions or gestures, damaging public or private property, loitering, disrupting protests or assemblies, exhibiting reckless behavior in a crowded area, compromising public safety, interfering with police officers.
Drug Possession
Possession refers to the control of something, such as real property, or personal property, and as such does not refer to anything illegal. Drug possession, however, refers to the possession of property or items prohibited by law, such as drugs. Prohibited items are defined under both federal and state law, and are generally items considered to be harmful to the public, such as unauthorized weapons, illicit drugs, and drug paraphernalia.
Drug offenses can include the following; possession of drug paraphernalia, drug-defined crimes, such as the possession, use, or sale of controlled substances, which violates drug laws, and crimes committed by drug users to get money to buy more drugs or crimes committed by persons under the influence of drugs, organized criminal activities, such as money laundering and political corruption, in support of the drug trade.