Get Help Now: Felony, Misdemeanor & Infraction Defense Strategies

Get Help Now: Felony, Misdemeanor & Infraction Defense Strategies

Ever wondered why certain crimes send people to jail and others only get a ticket? The solution is in the way our legal system categorizes various crimes. As a law student, worried citizen, or just because you have an interest in our justice system, it is imperative to be aware of the level of crime these days.

In this beginner’s guide, we will discuss the three major types of crimes, namely felony(s), misdemeanors, and infractions, and what makes each of them different. In conclusion, you will clearly understand the way that our criminal justice system classifies crimes and the general consequences of the type of crime.

The Crime Classification Pyramid: An Overview

The classification of crimes is like a pyramid:

  • At the top: Felonies (most serious of crimes)
  • Middle: Misdemeanors (severe crimes)
  • On the bottom: infractions (minor offenses)

Now we can take a closer look at each category.

Felonies: The Most Serious Offenses

What Makes a Crime a Felony?

Felonies are the most serious crimes in our legal system. Felonies are generally described as crimes that are punishable with imprisonment for over a year and are considered to have certain serious implications for harm to society.

Even the word felony itself stems back to the English common tradition, having referred originally to crimes that were so serious that the land and possessions of the criminal were forfeited.

Common Types of Felonies

There are several subdivisions of felonies:

Violent Felonies

These include force or threat of force to others:

  • Murder and homicide
  • Rape and sexual assault
  • Robbery (theft by use of force or intimidation)
  • Aggravated assault
  • Kidnapping
  • Arson (especially threatening to human lives)

Property Felonies

These include serious damage or theft of property:

  • Burglary (breaking with intent)
  • Grand theft (Stealing items of high value)
  • Auto theft
  • Arson
  • Money frauds

Drug Felonies

  • Drug trafficking
  • Production of illegal drugs
  • Owing amounts of controlled substances

White-Collar Felonies

  • Embezzlement
  • Money laundering
  • Securities fraud
  • Tax evasion
  • Identity theft
  • Computer crimes related to major economic loss

Consequences of Felony Convictions

The effects of a felony conviction go way beyond incarceration:

Direct Legal Penalties

  • The prisons (mostly 1 + years served in state or federal prisons):
  • Large fines (even amounting to tens of thousands of dollars)
  • Probation (usually replaces prison)
  • Victims Restitution

Collateral Consequences

  • Disenfranchisement (in most states)
  • Ban on the possession of guns
  • Inability to obtain access to some professional licenses
  • Loss of eligibility in most jobs
  • Exclusion from some government advantages
  • Housing restrictions
  • Hard to take loans
  • Travel bans (visa bans on foreign travel)
  • The risk of deportation for non-citizens

These consequences serve to emphasise the importance of having capable legal representation when one is charged with a felony.

Felony, Misdemeanor & Infraction Defense Strategies

Misdemeanors: Middle-Ground Offenses

What Makes a Crime a Misdemeanor?

Misdemeanors are somewhere in the middle of the criminal law, more serious than infractions and less serious than felonies. They are normally classified as misdemeanors, crimes punishable by up to a year in jail (not prison), typically in home or county facilities.

Common Types of Misdemeanors

Against Persons

  • Simple assault (no serious injury)
  • Unwanted touching (sexual battery)
  • Harassment
  • Contempt of Restraining Orders
  • Simple stalking

Against Property

  • Petty theft (less than a felony)
  • Vandalism
  • Trespassing
  • Shoplifting
  • Property damage caused

Public Order Misdemeanors

  • Disorderly conduct
  • Public intoxication
  • Violation of the peace
  • Prostitution
  • Indecent exposure
  • Open container violations

Traffic-Related

  • Driving under the influence (first offense in numerous states)
  • Reckless driving
  • Driving under a suspended permit

Drug-Related

  • Owning small quantities of prohibited drugs
  • Drug accessories possession

Consequences of Misdemeanor Convictions

Direct Legal Penalties

  • Imprisonment (not more than one year)
  • Fines 
  • Probation
  • Community service
  • Compulsory classes or therapy programs

Collateral Consequences

  • Problems with work (particularly employment with security)
  • Professional license problems
  • Housing application issues
  • Potential influence on the determination of child custody
  • Immediate effect on schooling chances

Misdemeanor situations are not as serious as the outcome of felony cases, but they can seriously affect the life and prospects of a particular individual.

Infractions: Minor Offenses

What Makes a Violation an Infraction?

The least severe type of offense is the infractions (or violations). They typically:

  • Should not lead to imprisonment
  • Can only be punished with fines
  • Do not be listed on criminal records in a normal sense
  • Do not invoke the right to jury trial and court-appointed counsel

Common Types of Infractions

Traffic Infractions

  • Speeding
  • Stop sign or red light running
  • Parking violations
  • Seat belt non-use in driving
  • Minor offences of vehicle equipment

Public Order Infractions

  • Littering
  • Noise violations
  • Code violation
  • Small public park offenses
  • Jaywalking

Consequences of Infractions

  • Violations normally cause:
  • Fines (fixed usually)
  • The driving record (Possible points for traffic infractions)
  • Need to resolve the root cause (e.g., repair vehicle equipment)

Although infractions may not have the same stigma associated with being criminal convictions, multiple infractions may generate more severe issues, e.g., license suspension when repeated traffic violations are brought on.

Conclusion

Being aware of the various types of crimes assists you in more effectively navigating the legal system and understanding the news regarding criminal activities. Although this article gives a general overview, criminal law is jurisdiction-dependent, and categories are continually developing as the societal understanding of crime and punishment shifts. How to Find the Best Criminal Lawyer Near You

Any criminal charges, whether serious or not, warrant a consultation with a skilled lawyer since the aftereffects of even seemingly trifling convictions may have life-long consequences in terms of your life and career prospects.

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