The United States is a government filled with laws and regulations to create a peaceful and safe environment for its citizens. In order to maintain this type of environment, the system must contain legalities to give its citizens a fair trial while correlating punitive action should any citizens break the law. This is why offenses are so extensively categorized; the government needs to be just when punishing unlawful behaviors while guaranteeing inherent and inalienable rights.
One source reveals that classifying criminal offenses is no simple task. Through different laws there are exceptions to every rule. For example, a crime's punitive sentence is determined by what degree the damage of the particular case incurred. There are also groups exempted from the full scope of harsher punishments due to their status in society, such as senior citizens, handicapped, and minors. Also, crimes punitive charges must correlate to previous crimes committed. If this is valid, a convicted criminal's sentence must also reflect the intention of the crime; most crimes state that convictions must be "maliciously" or "recklessly" committed for a charge of no contest or guilty.
Criminal offenses can be separated into three known categories called felonies, misdemeanors, and infractions. Felonies are the most serious crimes and therefore have harsher penalties upon conviction. Infractions or petty crimes are the least punitive in nature.
When the constitution was written, the power to create the law was given to Congress while the ability to exercise the law was given to the judiciary branch. Yet, there are a few exceptions where federal courts have the power to punish certain crimes, their main purpose in the eighteenth century was to classify and name crimes. Each state legislature has a penal code that is adhered to which categorizes unlawful behaviors into infractions, misdemeanors, and felonies.
Infractions can be considered civil offenses, and most jurisdictions adhere to that law. Civil courts deal with civil offenses which are remedial and less severe. The offenses in a civil court are usually violations in traffic rules, administrative regulations, municipal codes or local rulings. Infraction offenses do not need to hold trials since the charges are so small in nature; many times citations are automatically administered for the offense. Other punishments include fines, a maximum of five days in jail, or an official mandate to fix the offense by certain necessary means. Some examples of offenses include, but are not limited to, traffic offenses, littering, jay walking, or disturbing the peace.
Misdemeanor offenses are less serious than felonies though more serious than petty offenses. Some violations include vandalism, trespassing, prostitution, simple assault, petty theft, public inebriation, as well as disorderly conduct. These offenses can vary with degrees of punishment based on how serious the violations were. Those charged and convicted of petty offenses will most likely spend their sentenced time in jail rather than in a federal prison. The charges usually entail fines, probation, community service and jail time. Jail time must be a minimum of five days with a maximum time period of one year.
Lastly, the most punitive by nature is a charge of a felony offense. Those who are convicted of a felony are restricted from being a juror, working in certain occupations, possessing firearms, and revoke certain voting rights. Also, noncitizens who commit a felony face the possibility of deportation. The crimes that merit these charges are murder, rape, arson, treason, burglary, kidnapping and terrorism. Many states punish felons by placing them in a federal prison rather than jail. Those who commit multiple crimes normally receive harsher penalties than on their first conviction.
The right of a criminal trial is to be tried with a twelve member jury. In order for the conviction to take place, all twelve jury members need to cast a vote of guilty. If you're in trouble for unlawful behavior, a plea of no contest or guilty could dramatically lessen your sentence. Make sure you consult a legal advocate before making any final decisions.
