Difference Between a Class A Misdemeanors and Class B Misdemeanors
If you’ve been charged with an offense in New Hampshire, understanding the severity of the charge is crucial. The state categorizes lower-level offenses into three main groups: Class A misdemeanors, Class B misdemeanors, and violations. While none of these are felonies, they carry different consequences that can impact your life in significant ways.
Class A Misdemeanor: The More Serious Misdemeanor
A Class A misdemeanor is the most serious of the three. It can result in a jail sentence of up to one year, fines of up to $2,000, or both. The potential for incarceration makes these offenses much more severe than Class B misdemeanors or violations.
Examples of Class A misdemeanors in New Hampshire include:
- Simple assault
- Theft of property valued under $1,000
- Driving while intoxicated (DWI), second offense or aggravated
- Criminal threatening without a weapon
Because these offenses carry the possibility of jail time, individuals charged with Class A misdemeanors have the right to a public defender if they cannot afford an attorney. Additionally, a conviction for a Class A misdemeanor can create a permanent criminal record, which may affect employment, housing, and other aspects of life.
Class B Misdemeanor: No Jail, But Still Serious
A Class B misdemeanor is considered a step down from a Class A misdemeanor. These offenses do not carry the possibility of jail time, but they can still result in a fine of up to $1,200. While less severe than a Class A misdemeanor, a conviction can still appear on a criminal record, depending on the circumstances.
Any offense that is charged, or could be charged as a Class A misdemeanor, can be charged as a Class B misdemeanor instead, at the discretion of the police office or prosecutor. Furthermore, if a person is charged with a Class A misdemeanor, but the judge imposes no jail time, only a fine, then by operation of law the charge is considered reduced to a Class B misdemeanor.
In addition, certain charges can only be brought as a Class B misdemeanor. The most common charge that falls into this category is first offense DWI, non-aggravated, but there are others that occasionally see a courtroom, such as:
- Deceptive business practices
- Illegal sale of fireworks
- Student hazing
- Criminal defamation
Unlike Class A misdemeanors, individuals charged with a Class B misdemeanor are not entitled to a court-appointed attorney, as there is no risk of incarceration. Additionally, they do not have the right to a jury trial but are still afforded the usual due process protections during a bench trial before a judge.
Violations: Not a Crime, But Still a Legal Matter
A violation is the least severe type of offense in New Hampshire. It is not considered a criminal offense, meaning it does not result in a criminal record. However, it can still lead to fines, penalties, or other consequences.
Examples of violations include:
- Running a red light or stop sign, reckless driving, and most other minor traffic infractions
- Possession of small amounts of marijuana (under decriminalization laws)
- Certain local ordinance violations
Since violations do not carry the possibility of jail time, they are handled differently than misdemeanors. If found guilty, the result is typically a fine or another penalty, but no formal criminal conviction.
Understanding the difference between these charges is important for anyone facing legal trouble in New Hampshire. A Class A misdemeanor can lead to jail time and a lasting record, while a violation is more of a legal inconvenience. Knowing where an offense falls in this classification can help when deciding how to approach a legal defense.
If you’re facing criminal charges, consulting with an attorney is always a good idea. Even minor offenses can have long-term consequences, and an experienced lawyer can help you understand your options and work toward the best possible outcome.