Depending on the gravity of the offense, criminal charges are categorized as infractions, misdemeanors, or felonies. The more serious the charges, the harsher the sentence is normally.
But why is this important?
Let's investigate each criminal categorization to find out.
Defined Infractions
Infractions are the least serious kind of crime. This category is sometimes known as tiny infractions or petty misdemeanors. Infractions may include the following:
- Traffic citations for jaywalking
- Possession of minor drugs (in some states only)
- Complaints about noise
- Seat belt infractions
If a police officer is summoned to your home to investigate a noise complaint, they may issue you a ticket or a penalty. While there may be a fine, this is usually all that is required if the fine is paid in whole and on time. Ignoring or neglecting to pay a minor violation fine may result in increased fines and other punishments.
It's also worth mentioning that qualified criminal defense attorneys may be able to get minor charges reduced to infractions. This defense tactic, which is typically utilized for first-time offenders, can assist their clients in avoiding a criminal record.
Felonies vs. Misdemeanors
Misdemeanors are more serious than infractions, but not as terrible as felonies. Misdemeanors often carry higher penalties than infractions and can result in up to a year in prison. Many states additionally have gross misdemeanor classifications, which carry harsher punishments and even jail time.
Of course, felonies are the most serious sort of crime. Crimes are classified further by degree within this categorization (with the first degree being the most serious and the third degree being the most minor). Crimes that are classified as felonies include:
- Arson
- Violent offenses (including sexual assault and murder)
- Burglary
- Terrorism \sKidnapping
A felony is defined as any crime for which the guilty person faces a sentence of more than one year in prison. Having said that, felony sentences are administered at the state level. Another distinction between the misdemeanor and felony levels is that felony convictions result in incarceration in either a state or a federal prison.
Defendants' Rights in Felony Cases
Certain rights are granted to persons accused of committing one or more felony offenses. Among these rights are:
- If you cannot afford counsel, you have the right to have one assigned by the court.
- The option of entering a not-guilty plea
- The right to a hearing
- The ability to be believed innocent unless proven guilty beyond a reasonable doubt.
Capital felony charges, which carry the death sentence, also require a 12-person jury to unanimously concur on guilt to be convicted.
Convictions for Felonies Don't Leave
Certain public rights are effectively forfeited for persons convicted of a crime. Among these rights are:
- The right to keep and bear arms
- The ability to vote
- The right to live in public housing
Because crimes remain on a person's criminal record, they may have an impact on your capacity to get work. A criminal defense attorney may attempt to negotiate a plea deal to lower a felony charge to a severe misdemeanor or misdemeanor. Repeat offenders are subject to a "three strikes" rule in several jurisdictions, which carries a mandatory jail sentence.
Crime categorization is important because the kind of crime committed sets the tone for the whole criminal justice process. In most cases, infractions merely result in citations and penalties. Lawyers are not permitted to be present unless the crime is classified as a misdemeanor, high misdemeanor, or felony. Regardless, any individual accused of a crime is entitled to constitutional rights.
What Happens Once You've Been Charged With a Crime?
The criminal procedure differs based on the state or court where the individual is accused. Typically, a criminal case is launched by a prosecutor filing a criminal complaint or by a grand jury indictment.
In general, one can expect their case to go as follows:
The defendant is arrested or served with a summons to appear.
Charges or grand jury indictments
- Initial appearance and bond establishment
- Plea negotiating between the prosecution and the defense attorney
- Hearings were held after motions filed
- A jury or a bench trial?
- The verdict has been rendered.
- If the person is found guilty or pleads guilty, they will be sentenced.
- Appeals after conviction
If the offender is found guilty, they are punished based on sentencing guidelines and the judge's discretion. Prison time, fines, probation, drug or mental health treatment, or any other punishment imposed by the judge may be imposed.
How Can I Defend Against Criminal Charges?
Generally, defendants are not obliged to prove anything at trial. Because a conviction might result in the loss of liberty, the government must establish beyond a reasonable doubt that the defendant committed the offense. In American law, this is the greatest burden of proof.
In most criminal cases, defense attorneys poke holes in the government's evidence, raise constitutional issues, and negotiate with prosecutors.
What Are My Legal Rights?
The United States Constitution offers various safeguards for persons accused of a crime. The Fourth Amendment protects citizens from unjustified police searches.
The "Miranda warning," which many people have heard on television or in contact with police, includes several of an accused person's constitutional rights:
The right to silence
The right to counsel
If they cannot afford to employ a counsel, they have the right to a court-appointed attorney.
Criminal defendants also have the right to "due process," which implies that the government must follow certain regulations during a criminal proceeding. Before the state may take away a person's liberty, property, or other rights, it must first allow them to defend themselves.
The due procedure entails:
- The right to know the nature of the accusations
- The right to confront and cross-examine government witnesses
- Trial by jury
- How a Criminal Defense Lawyer Can Assist
There is a lot at risk when you are accused of a crime. To safeguard your rights, you'll need someone on your side. Defense attorneys understand the criminal justice system and may assist by:
- Defending yourself against the allegations
- Creating defensive tactics
- Examine the evidence for an infringement of constitutional rights.
- Dealing with the prosecution on plea bargains
- and submitting required motions to the court
Being charged with a crime is a serious matter, and having an experienced defense attorney on your side may make a significant difference in the outcome.
Speak with an Expert Criminal Defense Lawyer Today
Everything might alter after an arrest and conviction. The immediate issue is fines or jail time, but a conviction also means a criminal record, which may make it difficult to obtain work and housing for years to come. If you are arrested or find that you are under investigation, you should immediately contact an experienced criminal defense attorney. You may use LawInfo's legal directory to discover a local criminal defense attorney who can safeguard your rights, lay out your alternatives, and advise you on the best course of action for mounting a defense and reducing potential fines.