Featured News 2014 Distinguishing Between Criminal Offenses: Infractions, Misdemeanors, and Felonies

Distinguishing Between Criminal Offenses: Infractions, Misdemeanors, and Felonies

The criminal justice system can be very confusing—especially since nearly every offense results in a different penalty. When it comes to a criminal offense, you can be charged with an infraction, misdemeanor or felony; each one varying in the severity of punishment.

Infractions (also referred to as violations) are petty offenses that are punishable by fine only. Since infractions cannot result in jail time or probation, individuals who are charged with an infraction do not have the right to a jury trial. They can hire a defense attorney, but the government does not have the constitutional duty to appoint an attorney. An example of an individual who would be charged with an infraction is someone who receives a ticket for speeding. After being ticketed, that individual must pay a fine and have a point added to their driving record.

Misdemeanors are more serious, because they are criminal offenses that are punishable by up to a year in jail. Other punishment for a misdemeanor may include fines, probation, community service, and restitution. Unlike infractions, individuals who are facing misdemeanor charges are entitled to a jury trial. One example of someone facing a misdemeanor charge is a first time DUI offender who is arrested for driving under the influence; thus having to pay a fine and spend time in jail.

The most serious type of criminal offense an individual can be charged with is a felony. Felonies typically involve serious physical harm to others (or intent to harm), but they can also include white collar crimes and fraud offenses. Offenses that are usually considered a misdemeanor may be elevated to a felony charge for second-time offenders. Punishment for felonies can range from a one year prison sentence to life in prison without parole, and defendants charged with a felony, such as murder, may be sentenced to the death penalty. An example of someone facing a criminal charge could be an individual who is convicted of shoplifting, while they are still on probation for a previous shoplifting charge.

Facing the criminal justice system can be overwhelming, and the more serious your charges are, the more complicated matters can become. Even if you are facing a small infraction, it can be beneficial to work with an attorney who will advise you of your rights. If you or a loved one is facing criminal charges, contact a criminal defense attorney as soon as possible to see how they may be able to help you.

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