If you’ve been charged with a misdemeanor in Alabama, you might think you don’t need a lawyer because the charge isn’t as serious as a felony. However, in reality, that’s a risky assumption to make. Misdemeanors are considered less severe, but a conviction can still lead to jail time and a criminal record, among other consequences.
The truth is that any criminal charge can have a lasting impact on your freedom going forward. Hiring a criminal defense lawyer gives you a better chance of protecting your rights and minimizing the consequences.
Misdemeanor Charges in Alabama
Under Alabama Code § 13A-5-7, misdemeanors are divided into three classes: Class A, Class B, and Class C. Each class carries different potential penalties:
- Class A misdemeanor: Up to one year in jail
- Class B misdemeanor: Up to six months in jail
- Class C misdemeanor: Up to three months in jail
Common misdemeanor offenses in Alabama include:
- First-offense DUI
- Simple assault
- Harassment
- Petty theft
- Possession of drug paraphernalia
- Disorderly conduct
Beyond jail time, a conviction can lead to additional penalties, including fines and community service.
How a Misdemeanor Case Moves Through Alabama’s Legal System
If you’re facing misdemeanor charges, understanding how your case will proceed can help you make informed decisions about your legal options.
Most cases in Alabama follow a similar path:
- Arrest or citation: Misdemeanor charges often begin with an arrest or a citation to appear in court.
- Arraignment: This is your first court appearance, where the judge reads the charges and asks for your plea of guilty or not guilty.
- Pretrial negotiations: Prosecutors may offer a plea deal at this step in the process. Having a lawyer during this stage is crucial, as it is when most cases are typically resolved.
- Trial: If you don’t accept a plea, your case moves to trial.
- Sentencing: If you’re convicted, the judge will determine penalties based on Alabama’s classification system and your record.
Knowing what to expect at each stage can make the process less intimidating and help you avoid costly mistakes.
Why Misdemeanors Still Require Legal Representation
Many people charged with misdemeanors try to represent themselves, hoping for leniency or a quick resolution. However, that often leads to costly mistakes. Having a skilled criminal defense lawyer on your side can make a significant difference in several ways:
- Protecting your rights: A lawyer ensures that police and prosecutors follow proper procedures during your arrest and investigation. If your rights were violated, any illegally obtained evidence against you can be challenged.
- Negotiating with prosecutors: Attorneys can often secure reduced charges and other relatively favorable outcomes, such as entry into diversion programs, which can help keep your record clean.
- Handling court procedures: Legal deadlines and filings can be complex and demanding. A defense attorney can handle every aspect of your case, preventing missteps that could hurt your chances of walking away free.
Having professional representation not only strengthens your defense but also ensures that you fully understand your rights and the consequences of every decision you make.
What Defenses Are Available Against Misdemeanor Charges?
The defenses available in your case will ultimately come down to its unique facts and circumstances, but some common strategies may include:
- Lack of criminal intent
- Mistaken identity
- False accusations
- Insufficient evidence
- Violation of your constitutional rights
- Acting in self-defense
Your attorney will analyze the facts of your case and determine which defenses are most likely to succeed. In some instances, as permitted by law, it may be possible to have your charges completely dismissed.
The Long-Term Impact of a Misdemeanor Conviction
Many people underestimate the impact a misdemeanor can have on their future. Entities like employers and landlords routinely conduct background checks, and a single misdemeanor conviction can raise red flags that limit your opportunities.
Overall, some of the most common long-term collateral consequences include:
- Difficulty securing employment, particularly in government and professional fields
- Problems renting an apartment and obtaining housing assistance
- Travel restrictions
- Complications with immigration status
- Challenges in regaining custody rights in family law matters
- Loss of firearm ownership rights in certain cases
These impacts can stay with you long after you’ve served all of your penalties imposed by the court. While certain misdemeanor offenses may be eligible for expungement under Alabama Code § 15-27-1, eligibility is limited.
Contact a Birmingham Criminal Defense Attorney To Get Started With a Free Consultation
If you’ve been charged with a misdemeanor in Alabama, don’t assume it’s a minor issue you can handle without an attorney on your side. The stakes can still be quite high in these cases, making getting legal advice a practical necessity as soon as you can.
An experienced Birmingham criminal defense lawyer can thoroughly research and investigate your case and fight for the best possible outcome from there. Contact Jaffe, Hanle, Whisonant & Knight, P.C. today at 205-930-9800 to schedule a free consultation and take the first step toward safeguarding your rights.