Miami Misdemeanor Attorneys

Criminal - Misdemeanor

A misdemeanor is any “lesser” criminal act in some common law legal systems. Misdemeanors are generally punished less severely than felonies, but theoretically more so than administrative infractions and regulatory offences.


  • Criminal mischief
  • Disorderly conduct
  • Certain types of assault
  • Reckless damage or destruction
  • Leaving a child unattended in a vehicle
  • Criminal trespass
  • Theft of property worth less than $50
  • Issuing a bad check
  • Falsely reporting a missing child or person

Misdemeanor FAQ
What is the difference between misdemeanor and infraction?

A misdemeanor is a less serious crime than a felony, but more serious than an infraction. Common examples of misdemeanors are disturbing the peace, petty theft, DUI without injuring anyone, and public intoxication. An infraction, the mildest crime. An infraction is usually the violation of a regulation, ordinance, municipal code, and/or traffic law, such as jaywalking, littering, and traffic violations, among others.

What is a second degree misdemeanor?

Misdemeanors of the second degree are the least serious misdemeanors in Florida, and a conviction can result in a jail term of up to 60 days and a fine of up to $500. If lawmakers fail to classify a misdemeanor, then it is punishable as a misdemeanor of the second degree. (Fla. Stat. § § 775.081, 775.082, 775.083.) For example, prostitution is a misdemeanor of the second degree.

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Related Practice Categories

Felony

A crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.

DUI

Driving under the influence (DUI) is currently the crime or offense of driving or operating a motor vehicle while impaired by alcohol or other drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely.

Assault

An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal and/or civil liability. Generally, the common law definition is the same in criminal and tort law.

Battery

Battery is a criminal offense involving the unlawful physical acting upon a threat, distinct from assault which is the act of creating apprehension of such contact. … In most cases, battery is now governed by statutes, and its severity is determined by the law of the specific jurisdiction.

Domestic Violence

Domestic violence can take many forms, including physical aggression or assault (hitting, kicking, biting, shoving, restraining, slapping, throwing objects, beating up), or threats thereof; sexual abuse; controlling or domineering; intimidation; stalking; passive/covert abuse (e.g., neglect); and economic deprivation.

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