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Louisiana Criminal Defense Lawyer > Blog > Misdemeanor Defense > Three Common Types Of Misdemeanors

Three Common Types Of Misdemeanors

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In Louisiana, like all states throughout the country, misdemeanor offenses are considered more minor than felony crimes. Still, a conviction for a misdemeanor can have jail time associated with a sentence, along with high fines and a permanent criminal history. Below, our Monroe misdemeanor defense lawyer outlines the three most common types of these crimes, and how you can beat the charges.

Driving While Intoxicated

The offense known as driving under the influence (DUI) in so many other states is known as driving while intoxicated (DWI) in Louisiana. In most cases, a first offense for a DWI is classified as a misdemeanor. People can be charged with a DWI when their blood alcohol content (BAC) is 0.08 percent or higher. A person can also be charged with a DWI if they are intoxicated and in the driver’s seat, holding the keys while they are parked. As long as someone under the influence is in control of the vehicle, they can face DWI charges.

Simple Assault

Simple assault is defined as causing another person to believe they are at imminent risk of sustaining bodily harm. Attempting to cause someone bodily harm is also considered simple assault, even if the perpetrator never follows through on the violent act. Simple assault also requires the accused to have the intention to harm another person. An accident, such as bumping into someone, is not simple assault because there was no intent to harm. The victim must also have reason to believe, beyond a reasonable doubt, that they will suffer harm.

Emotional harm can also constitute simple assault. As such, even when a person was not physically hurt, if they sustained emotional harm, the accused can still be charged with simple assault. Generally speaking, simple assault usually involves touching, minor injuries, and threatening behavior or words.

Resisting Arrest

Resisting arrest is defined as interfering with a police officer who is trying to make a legal arrest. To secure a conviction for resisting arrest, the prosecution must show that an individual was aware that a police officer was trying to arrest them and that they intentionally resisted. The prosecution must also show that the officer was trying to perform their duties in a legal manner.

It is never recommended that you resist arrest. Even if the charges for which you were arrested are dropped or dismissed, you will still have to face the resisting arrest charge. A conviction for resisting arrest can result in a $500 fine and up to six months in jail.

Our Misdemeanor Defense Lawyer in Monroe Can Help You Beat Your Charges

If you have been charged with a misdemeanor offense, you need strong legal representation to ensure your future is protected. At Whiddon Criminal Defense, our Monroe misdemeanor defense lawyer has the necessary experience to help you beat the charges. Our seasoned attorney will inform you of your rights and help you determine the best course of action with your case. Call us now at 318-387-2776 or reach out to us online to schedule a free consultation.

Sources:

legis.la.gov/Legis/Law.aspx?d=78751

legis.la.gov/legis/Law.aspx?d=78491

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