Many people wonder if they need a criminal defense lawyer to fight their charges, especially if they are only misdemeanors. Unfortunately, the perception that a misdemeanor is not serious is mistaken.
Misdemeanors can be serious criminal charges with real-world consequences. Anyone facing a misdemeanor charge should consult with a criminal defense lawyer. A lawyer can help them avoid a conviction that can follow them for the rest of their lives.
What Is a Misdemeanor?
In Arizona, criminal charges are generally divided into two categories, misdemeanors and felonies. Misdemeanors are less serious criminal charges than felonies. They are often reserved for people with little or no criminal record and have less serious consequences.
Some common examples of crimes that are usually charged as misdemeanors are:
- Trespass
- Disorderly conduct
- Assault
- DUI
- Reckless driving
- Shoplifting
There are three classes of misdemeanors: class 1, class 2, and class 3. Class 1 misdemeanors are the most serious, and class 3 misdemeanors are the least serious. Some misdemeanors can become felonies if there are aggravating factors. For example, a subsequent DUI.
What Are the Consequences of a Misdemeanor Conviction?
Misdemeanor convictions still have consequences. The severity of the consequences depends on the charge and the facts of the case.
Class 1 misdemeanors carry up to 6 months in jail and a $2,500 fine. Class 2 misdemeanors carry up to 4 months in jail and a $750 fine, while class 3 misdemeanors carry up to 30 days in jail and a $500 fine.
Even though the jail time and fines are less than most felony offenses, any jail time can be destabilizing. For many people, serving jail time means losing their job, housing, and being isolated from friends and family.
Misdemeanor convictions can also have other consequences, such as a permanent criminal record. This could make you ineligible for certain jobs because it will show up on a background check.
The Role of a Criminal Defense Lawyer in a Misdemeanor Case
The best way to avoid the consequences of a misdemeanor conviction is to hire a criminal defense lawyer. A criminal defense lawyer can help you fight back against misdemeanor charges. Criminal defense lawyers play an important role in defending their clients and protecting their rights and freedoms.
Filing Bond Motions
Some people who are arrested on misdemeanor charges will not be automatically released on bail. A criminal defense lawyer can file a bond motion and help you get out of jail pretrial.
People who are released on bail tend to have better outcomes in their cases than people who are held in jail. They have more opportunities to help their lawyer, get back on their feet, and are less likely to accept a coercive plea deal just to get out.
Negotiating With the Prosecutor
Many misdemeanor cases end in a plea deal. While this isn’t always the best option for a defendant, it is helpful to have an attorney who can negotiate with the prosecutor on your behalf.
A criminal defense lawyer can try to get the prosecutor to reduce the charges or dismiss them altogether. They may negotiate for a diversion program or simply a beneficial plea. This could mean that you avoid jail time or other more serious consequences that you would face if convicted at trial.
Protecting Your Rights
The most important role of a criminal defense lawyer is to protect your rights. This includes your constitutional rights. Your attorney will look at the facts of the case and make sure that the police and prosecutors are not infringing on your rights. If they are, your lawyer can file a motion with the court.
This may be a motion to suppress, to dismiss, to compel, or any other type of pretrial motion. If your lawyer wins these motions, it could significantly help your misdemeanor case. You might have hurtful evidence suppressed, the case dismissed, or the police reprimanded. Furthermore, if you are convicted, your lawyer will preserve these important issues for appeal.
Speaking on Your Behalf
Once you hire a lawyer, they are responsible for speaking on your behalf. Your lawyer will understand what information to share that can help your case, and what information they need to keep quiet.
Many clients think that they can convince a judge or prosecutor to dismiss their case on their own. Unfortunately, this rarely happens without the help of an experienced lawyer.
Keeping Track of Deadlines and Filings
Your criminal defense lawyer has experience with the court procedures. They know about the deadlines, filing requirements, and other important procedural aspects of the case. A lawyer will help you keep track of these deadlines so that you don’t risk losing your case because of a technicality.
Persuading a Jury
For many defendants, the right option is to take their misdemeanor case to trial before a jury. A criminal defense lawyer can advocate for you in front of a jury and make an argument in your favor. They understand the law and how to persuade a jury to find you not guilty. Ultimately, people who have a criminal defense lawyer are more likely to be successful at trial.
Contact a Tucson Criminal Defense Attorney for a Free Consultation
If you’ve recently been charged with a crime, it’s important to get legal advice as soon as you can. Even though misdemeanors do not carry as severe consequences as felonies, the resulting penalties can still impact your life significantly. Contact an experienced Tucson criminal defense lawyer at Katsarelis Law Criminal Defense Attorneys at (520) 510-0439 for a free case review today.