Can a 3rd Degree Misdemeanor Be Dismissed?

Most states categorize crimes into two groups -- felonies and misdemeanors. In one state, a crime may be classified as a misdemeanor, while in another state, it may be a felony. Under the grouping of misdemeanor and felony, crimes are then ranked in order of severity.

Classification

• Most states group misdemeanors into three distinct categories -- first degree, second degree and third degree. First degree is the most severe; third degree is the least severe. Some states also include a fourth degree, which is less severe than third degree.

Prosecution

• When a person commits a crime, the state will decide whether to pursue prosecution or if the case should be dismissed. Any crime may be dismissed, no matter the severity. Third-degree misdemeanor penalties vary from state to state, but a maximum of a 60-day jail term is typical, and/or possible fines.

Dismissal

• Crimes can be dismissed for a number of reasons. The state may decide there is not sufficient evidence for prosecute. The defendant can agree to complete a diversion program or pay restitution, which can result in dismissal.