Criminal Defenses Fall Into Two Major Categories: Misdemeanor
and Felony
What Is A Misdemeanor?
Misdemeanors are offenses that have a penalty that can
include up to one year in jail. The least serious offenses,
such as most traffic offenses, are considered infractions
for which the penalty is generally under $100.00 fines.
These offenses are generally quick and simple to define
and resolve.
Most misdemeanors are handled by the issuing of a citation
from an arresting officer or a complaint filed by a prosecutor.
The citation or complaint includes a short statement of
the offense with which you are charged, and states whether
the offense is an infraction, a misdemeanor, or a felony.
Misdemeanors are divided into four classes (I, II, III,
and IV), A Class I misdemeanor is the most prevalent and
most serious of all. Class I misdemeanors include possession
of marijuana, petty larceny (shoplifting) assault and battery,
and misdemeanor bad check. Also, several serious traffic
offenses (DUI, driving on suspended, reckless driving, etc.)
are listed as Class I misdemeanors.
What Is A Felony?
Felonies are defined as criminal offenses with maximum
penalties greater than one year in prison. Felony charges
include murder, malicious wounding, and armed robbery, as
well as grand larceny, possession of cocaine or heroin and
other serious charges.
The classification of crime as a felony is based upon the
maximum sentence provided by law - not by what a court actually
imposes.
Each state and the federal government have their own criminal
codes. The elements of a particular crime can vary,
as can the sentencing classification.
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