Misdemeanors are often considered less than serious classified crimes committed in contrast to felonies, and are classified according to the severity of the offense in Classes A, B, and C crimes-with Class A being the most severe and Class C being the least. Misdemeanor B crimes are somewhere in the moderate middle, and thus, carry a wide variety of class characteristics according to sentencing and due process of the law. For the purposes of understanding crime classifications, and what it can mean if an individual you are seeking criminal records on has a Class B offense; we will review everything that you need to know about the factors that affect a Class B offense in accordance to its criminal record.
As mandated by federal statute, each state governing a particular Class B misdemeanor must-unless specific case warrants alteration-give misdemeanor class punishment within the following class guidelines: the defendant once convicted of the crime, must serve no longer than 90 days and/or pay fines of more than $1,000. This is not to say that in some cases, a particular Class B misdemeanor does not get ordered a stricter class sentence, as this happens fairly often; but rather that the misdemeanor class framework is the code most states render conviction sentencing by.
While there are a variety of misdemeanor class offenses that can be considered worthy of a class B classification and penalty, the majority of class B offenses include: prostitution, criminal trespass, and the first offense of DWI/DUI. Class B misdemeanors, of course, can be less or more serious than face value according to the class nature, other classification charges incurred at the time of the offense class, and also if the classified offense was a repeat crime; but for the most part, these misdemeanor classes of crimes charged as class B are standard class offenses.
Class B punishment can come in the form of incarceration, fines, restitution to the victim, probation, and any other penalties that the court sees fit to order along these lines. Since Class B crimes are less serious than Class A offenses, many courts will go easy on a particular Class B offender-if they are not a repeat offender and their criminal record is fairly clean. In other cases, some states view particular types of class B crimes more deserving of punishment than others, and this, in turn, will affect the nature of the criminal sentence afforded the offender.
Many courts deem alternative sentencing a good means of serving the community, giving an effective slap on the wrists to non-threatening class offenders, and balancing prison capacity all in one rendering. Alternative sentencing to Class B crimes can come in the form of a hodge podge of community service, educational lecturing, fines, and standard probation criteria in lieu of jail time. This allows the criminal to be engaged in a lawful and socially responsible lifestyle, while still being free of their own accord. As mentioned, most states consider the entire classification of misdemeanor offenses minor-despite the nature of crime-but, still, in other states, courts consider probation or alternative sentencing a privilege that should not be afforded many.
Another necessary point to cover in relation to Class B offenses, is that often-along with Class A offenses-these B charges are often as a result of what is called a plea bargain. Plea bargains-as they relate to these offenses-are a means of the lawyer getting the charges dropped from a felony status to a misdemeanor in return for a guilty plea of a lesser charge by the defendant. In these scenarios, the criminal admits to the offense, but gets less severe punishment in the form of fines, probation, and reduced jail time. As felonies typically carry with them heavy penalties, many defendants look to plea bargains as an agreeable alternative to a felony rendering. This said, what may come up as a Class B offense on a particular criminal record, could easily be a felony plead down to less status. In this case, it is absolutely necessary to not only, check the local courts for misdemeanor records, but also visit the county and state courts for telling signs that the offense might have originated as a felony.
The use of these convictions is also an aspect that affects the B classification of crimes, in that a handful of states do not allow the use of any criminal records that contain misdemeanor offenses for making professional decisions. By professional, it is meant that an employer or potential employer cannot-by law-in these states, take the information they may find on an individual’s conduct in a misdemeanor crime, and use it to deny employment to that party. These states include: Alaska, California, Connecticut, Georgia, Hawaii, Indiana, Illinois, Kentucky, Massachusetts, Michigan, Minnesota, Nevada, New York, Pennsylvania, Rhode Island, Utah, Virginia, Washington, and Wisconsin. In some of these states, the restrictions are specified to whether or not the individual was convicted, the by nature of the offense, or according to a time period after the crime was committed; while in others, use of criminal records in this regard is flat out denied in all cases.
Some misdemeanor offenses have the possibility of being expunged as well. A criminal record that is expunged or sealed from public access is not typical, but is a possibility that could affect your criminal records check. Each state has statutes in place to be able to expunge or seal a criminal record from public access, and depending on which state the misdemeanor crime was committed in, there are a variety of crimes and nature of these crimes that can be omitted from your criminal records information. The most common of record expungement restrictions that states choose are classified by nature and/or purported use of the criminal record. Common restricted natures are criminal records that have to do with juveniles, adoption, medical history, and psychological evaluation; while common restricted uses include: that of employers, and all public use. In most all cases, the use of these expunged records by anyone is necessarily precedented upon the subject of the record’s approval.
While felonies seem pretty cut and dry in the matter of criminal conviction and the possible characterizations that a seeker involved in a criminal records check may draw from said instances of crime, the lesser class of crime is typically a lot more complicated. As indicated above, there are a wide variety of variables that can increase or decrease the serious nature and according class punishment of a particular class offense; and this, as a result affects your criminal information search.