Are You at Risk of Jail Time for a Small Crime?

Whether it is truancy, unpaid traffic tickets, or graffiti, minor offenses can have serious consequences despite how small or harmless they may look. While these are considered misdemeanors by law, they should not be taken for granted. Just like felonies, misdemeanors can lead to serious legal trouble and have financial and criminal consequences.

The major difference between misdemeanors and felonies is the kind of punishments they attract. Misdemeanors refer to offenses that are typically punishable by fines or short jail time, while felonies are offenses that attract serious punishments such as imprisonment and removal of certain civil rights.

Understanding local and international legal frameworks can help you avoid the legal consequences associated with minor crimes. The legal frameworks determine what is considered a misdemeanor in a territory and the range of punishment for such offenses.

What Are Small Crimes?

Small crimes, also known as misdemeanors or minor crimes, refer to offenses that are less serious than felonies and attract less serious punishments. Such crimes are classified as misdemeanors because of certain factors such as the severity of the results, the intent, and just generally, the type of crimes.

The punishment usually associated with small crimes includes fines of up to $250,000, depending on the crime. A misdemeanor may also attract jail time up to a year in local jails like county jails, misdemeanor probation, or loss of gun rights.

Felonies, on the other hand, can lead to much steeper punishments. Felonies are classified by degrees or classes - a first-degree felony, for example, is the most serious, while a third-degree felony is the least serious. These crimes typically attract jail time of a year and above served in state or federal prisons,  a life sentence, or even the death penalty (in some states). Felony offenders may also be subjected to fines, restitution, and probational fees.

Why Can Small Crimes Lead to Jail?

Jail time is not often the first punishment for offenders in misdemeanor cases. Depending on the case details, offenders may be given fines or a probation period as punishment. However, certain factors influence the severity of punishment that an offender receives. 

These factors that could increase the severity of the punishment include: 

• The offender is a repeat offender
• The crime was motivated by the victim’s race, religion, sex or sexual orientation, 
• The victim of the crime is a police officer, a disabled person, or a senior citizen.
• The crime happened in a church, school, government building, or nursing home.
• The offense caused serious harm or the threat of serious harm. 

In certain cases, small offenses that should carry equally small consequences can escalate into serious legal complications. Failure to pay a fine can result in a failure-to-pay arrest. Also, violating a misdemeanor probation can escalate to jail time. Getting a misdemeanor conviction can affect the offender in several other ways, including:

• It can lead to the offender’s professional license being revoked or affect their chances of getting certain professional licenses
• It may affect employment prospects as employers may carry out background checks
• It may create housing difficulties as landlords may not want to rent to offenders

Which Country Began the Process of Separating Minor Crimes from Felonies?

Historically, the distinction between minor crimes and serious crimes was made because of the steep punishment felonies attract. Lawmakers began to distinguish between minor crimes and felonies during the time of the English Common Law, which was carried over to the US during its colonial days. For example, the word “felony” is seen in Rhode Island’s Acts and Orders of 1647.

After independence, the U.S. retained parts of the English Common Law, including the distinction between felonies and minor crimes, through its adoption of Blackstone’s Commentaries - an 18th-century treatise on the common law of England. The common law was also used in many other parts of the world where Britain had colonies, including Gold Coast (Ghana), Canada, Australia, and New Zealand, and is ingrained in their laws to varying degrees.

Many legal systems now explore less harsh options like fines and probations depending on the severity of the crime. Even for felonies, capital punishment is no longer an option in many countries, including England and Canada.

Examples of Small Crimes That Could Put You in Jail

Despite the nature of small crimes, they could land you in serious trouble, like jail time. Here’s a list of small crimes that could send you to jail:

Petty Theft and Shoplifting

Petty theft or shoplifting is taking another person’s property to never return it. It is determined by the cost of the stolen item. Petty theft can be for items that cost as high as $1500 or as low as $200. When the cost goes above the threshold, it is considered grand theft. 

Typically, petty theft can be punished by fines, community service, probation, restitution, or diversion programs, but it can also result in jail time ranging from 1 to 3 years. Petty theft can also result in severe punishment.

For example, in 1996, Timothy Jackson was sentenced to life for stealing a $159 jacket. The sentence came because Jackson was a fourth-time offender and was given the mandatory life sentence without the possibility of parole. In 2004, Ronald Lee Washington was also sentenced to life for stealing jerseys, which were on sale for $45. Just like Jackson, the fact that he was a repeat offender was used to give Washington a life sentence. 

Disorderly Conduct

Disorderly conduct is acts that disturb the peace, morals, or safety of the general public or of a class of people that may cause them to be annoyed, alarmed, offended, inconvenienced, physically injured, or financially harmed. This includes loitering, public fighting, making loud noise, public intoxication, damaging public or private property, and using offensive expressions or gestures.

One of the more common penalties for disorderly conduct is being asked to pay a fine, doing community service, or probation. However, if it is a repeat offender or the case is severe, the offender may also serve jail time.

Trespassing

Trespassing is entering an area, typically a landed property, without authorization or knowledge of the possessors of the land. Trespassing can happen in buildings, including those that are sometimes open to the public, as well as in vehicles. Aggravated trespassing involves the offender entering another person’s property with the intent to commit another crime. To prove that someone has trespassed, you will need to look out for the following elements:

• Illegal entry
• Trespassing awareness
• Intent

In criminal trespassing, it is important to prove that the offender intended to disturb the peace or to intimidate the possessors of that property. Offenders can also be held liable for any damages that happened because they trespassed. Some of the penalties for trespassing include jail time, fines, community service, and probation.

Skipping School (Truancy)

Truancy is when a child skips school with no notice or justification. Every school, whether public or private, has an attendance record and students are required to attend school for a certain number of days every year. This may result in the student or their parents facing penalties such as fines, community service, or even jail time. 

In Virginia, a couple faced up to $3,000 in fines after their kids were late to school 85 times over several months. In 2024, a judge in Missouri sentenced a single mother to jail when her kindergartner missed school. 

Dogs That Get Loose

Dog owners have legal responsibilities. These include ensuring their dogs are leashed and restrained in public, preventing them from biting people, and supervising them so that they are not a danger to the public and themselves. They are also to ensure that their dogs are vaccinated and licensed.

Depending on the harm caused by loosed dogs, their owners could face legal consequences like fines. For example, if a dog bites a person, their owner may be liable for that injury. Dog owners may also face legal action for negligence and property damage.

Expired Car Registration

Car owners are expected to register their vehicles with the Department of Motor Vehicles (DMV) or the state’s transportation department. They are also required to renew their registration before it expires. Registration helps the states track the number of vehicles that are registered, the condition of the vehicles, and if they are insured.

Failure to register or renew your expired car registration can result in fines. The fine you need to pay is determined by the state you live in and whether it is a first violation. Ignoring fines may land you in severe legal woes like a court appearance, a suspended license, or an impounded car. 

Driving-Related Offenses

Driving-related offenses like drunk driving and driving without a license can have serious consequences. Whether you are caught driving under the influence (of drugs or alcohol), driving while intoxicated/impaired, driving without a license, or any minor traffic violations, the consequences could be jail time, license suspension, fines, and community service.

Reckless driving involves driving a vehicle with willful disregard for the safety of others, which increases the risk of accidents, injuries, and even fatalities. Reckless driving can result in fines, points on the driver’s license, and even jail time.

Vandalism or Graffiti

Vandalism refers to the willful destruction or damage of property that has the effect of diminishing its value. This includes the use of graffiti, etching, keying vehicles, egging a house or car, carving your initials on public property, breaking a public window, and knocking over gravestones or markers. Vandalism can attract penalties such as jail time, fines, restitution, probation, or community service.

Possession of Small Amounts of Illegal Substances

A misdemeanor drug possession can be determined by several factors. In states where marijuana is legal, offenders may be charged with this if they have four ounces (less or more, depending on the state) on them or within their possession or property. This charge may also apply if they have drug paraphernalia. Possession of small amounts of illegal substances can lead to fines and jail time, especially when it is proven that there was an intent to sell or when it is a repeat offense.

Failure to Pay Fines or Appear in Court

Failing to pay fines or missing a court date can land you in serious legal issues. These may earn you a bench warrant, contempt of the court, default judgment against the offender, bail forfeiture, and even suspension of your driver’s license if it is a driving-related offense. In most states, the offender can also be jailed. In February 2016, John J. Markus III was jailed for five days for failing to pay a fine of $500.

How Do Penalties Differ by Jurisdiction?

The penalties for committing a crime are largely determined by where the crime occurs. Whether between the US states of Vermont and Florida or the UK and Canada, their approach to the law and punishment for crimes will vary.

Laws Varying by State or Country

It is very important to understand the laws and legal system governing the place you live. These are statutory instruments that regulate all issues that happen in the region and they vary from state to state and country to country. Understanding these laws can help you respect the law of the land, make informed decisions, and most importantly, avoid legal troubles.

In the US, each state has different penalties for minor crimes. Take driving with expired tags, for example. In California, that can attract a base fine of $162, some additional fines, points on your driving license, and your vehicle may also get towed. In Texas, you will be fined up to $200 for the same misdemeanor, with the possibility of late renewal fees, insurance consequences, and the impounding of your vehicle.

Factors Influencing Sentencing

Several factors determine who an offender is sentenced for committing a misdemeanor, they include:

• The severity of the crime in terms of the damage it did
• If the crime was committed by a repeat offender or someone with a criminal record
• Aggravating factors like whether a weapon was involved or the victim was vulnerable like a child or an elderly person
• Mitigating factors include whether the offender was an accomplice, was induced into the crime, or was a minor at the time of the crime.
• Sentencing guidelines like mandatory sentences for certain crimes
• “Three strikes” laws

Sentencing in misdemeanor cases is also affected by plea bargains and legal representation. A plea bargain is a situation where the defendant agrees to admit to committing a lesser charge or the original charge to avoid going to trial. Since trials can be expensive and time-consuming, the prosecution may offer a plea bargain in exchange for recommending a reduced sentence.

Having a skilled attorney also ensures that a defendant gets the best legal help available. Their attorney can help them understand their legal right, prepare for trial, negotiate deals with the prosecution, and even reduce their sentence.

Small crimes can have serious consequences like fines, community service, probation, and even jail time. Even as a first-time offender, being convicted of a crime can come back to affect you in the future. You must stay out of trouble by avoiding small crimes, even when they might not be taken seriously. To avoid these crimes, you need to understand the legal system in operation and how that system treats small crimes.