Misdemeanors (Part II).

The following types of crimes can be referred to what is known as misdemeanors. Theft (also known as stealing) is in general, the wrongful taking of someone else's property without that person's willful consent and with the intent to permanently deprive the owner or the person with rightful possession of that property or its use. So it is composed of two elements, the actus reus – the unauthorized taking or use – and the intent to deprive – the mens rea. Thus if one goes to a restaurant and accidentally takes someone else's hat or scarf instead of one's own, one has deprived someone of the use of their property and has taken the other person's property in an unauthorized manner but without the intent to deprive the person of their property there is no criminal act (actus reus) and thus no crime.

If you are arrested for shoplifting, it can be a serious crime which can be a misdemeanor or a felony, depending on the item taken. For example, petty larceny, which is stealing an item worth less than a certain dollar amount, is a misdemeanor. Over that amount, the offense is grand theft, which is a felony. The dollar amounts that determine petty larceny or grand theft vary from state to state. A store owner or someone who works for the owner generally has the right to detain a person they suspect of shoplifting in order to investigate the possible crime. This investigation must take place in a reasonable amount of time. Generally, the owner or employee can't look inside the person's bag without permission, unless they actually saw the person steal something, or the item is in plain view. If this is not the case, the store would either have to let the person go or call the police to conduct any further investigation. The owner or employee can't loudly accuse the suspect in front of other customers and must not be rude or offensive during questioning.

Resisting an arrest is a misdemeanor. It is also a misdemeanor to interfere with an officer while he is engaged in official duties. Resisting arrest typically comes in the form of an arrestee physically struggling with an officer as he tries to place on handcuffs, or when the arrestee struggles as he is being placed in a patrol car or jail cell.

Interfering with the duties of an officer typically occurs when a person attempts to physically restrain an officer to prevent the arrest of another, or when a person is verbally abusive or taunting an officer as he is engaged in his duties.

A common defense to resisting arrest is that the officer acted with excessive force. While an arrestee is expected to comply with an officer's reasonable actions to affect an arrest, the arrestee is allowed to defend himself from unreasonable, excessive force used by the officer.

DUI (driving under intoxication), or drunk driving, means driving or operating a motor vehicle in a public place while intoxicated. It is usually a misdemeanor. This offense can also be defined as a DWI, or driving while intoxicated, or an OWI, meaning operating while intoxicated. All three charges are punishable to differing degrees depending on each state's laws.

If you are arrested for drunk driving, you may be asked to take a blood or breath test. The decision whether or not to take the test may be an important one. You do have the right to refuse the test. However, your refusal could cause you to lose your driver's license for up to one year. Your refusal will also be made known to the court.

The police will forward all evidence, including the results of the blood alcohol test, to the prosecutor's office, where a decision about whether to prosecute will be made. If they decide to prosecute, you should obtain a good lawyer with considerable experience in this field. Depending on the court proceedings, officer testimony, and test results, you may be charged with a DUI, DWI, or OWI. Usually these charges incur large fines, jail time, and community service, along with the suspension of driving privileges.

Although state laws vary, many states follow the Uniform Vehicle Code. It defines reckless driving as "willful or wanton disregard for the safety of persons or property."

In order to charge someone with reckless driving, the prosecutor must show that a driver did not care about the harm resulting from his or her driving, and that the driver should have realized such driving posed a hazard.

When another person is killed as the result of reckless driving, the offending

driver may be prosecuted for vehicular homicide, which is punishable by imprisonment and a fine.