Have you been criminally charged? If this is the case, it is important to realize that criminal charges are not black-and-white and they are not one-size-fits-all. Each case will have separate circumstances and different nuances – meaning that you as the accused will have a case that is constantly changing and is completely unique to your individual situation. This, however, does not mean that there is not structure in the criminal system that can help you to understand some of the different consequences you find yourself facing. One of the most preliminary differences that one should take note of is the legal difference between felonies and misdemeanors.
All criminal charges will be classified in these two different categories and the penalties that you will be at risk of will be largely determined by which you are being charged with. While each state may not define a misdemeanor the same as every other state, there are certain generalizations that hold true throughout the country and should give a better understanding of what you could find yourself facing should you be criminally charged – regardless of the classification of the crime.
Generally speaking, a misdemeanor will have consequences tacked onto it that include monetary fines and/or incarceration in a county jail for less than a year. This, however, will largely depend on state-specific statutes and extenuating factors in your case. Some of the most common misdemeanor infractions include traffic violations (such as speeding), as well as shoplifting. These normally include penalties that are pre-determined.
On the other hand, felonies are typically considered to be much more severe under the law. It has harsher penalties that include steeper fines and longer imprisonment sentences. Some of the most well-known felonies are violent crimes, such as murder and assault. If you are successfully convicted of a felony, you will find that your life is completely changed. A convicted felon will not able to serve as a juror and will lose other civil liberties that were likely taken for granted before – such as the ability to serve in the military, pursue certain careers and even vote.
It is also important to note that some states operate under what is known as the strikes system. In California, voters approved Proposition 184 in 1994 – also known as the "Three Strikes, You're Out" initiative. This was legislation that was proposed hot on the heels of a brutal kidnapping and murder of Polly Klass, a 12-year-old who suffered at the hands of a convicted felon.
This led to many states looking into legislation that would provide penalties that are subsequently more severe depending on the prior criminal record. For example, should a convicted felon face another felony charge, they would face mandatory 25 years of imprisonment. If they have two felony convictions on their record, they would be at risk of spending life in prison.
It is due to this that one does not waste a moment in hiring an experienced attorney to help combat the charges. It is a common belief that regardless of what you are facing that you will always have legal representation – even if you cannot afford a private lawyer. This, however, is not always the case. Some courts will not provide a court-appointed attorney if you are facing a crime that does not carry the possibility of imprisonment, such as a misdemeanor. In a case involving a felony, however, it is almost certain that you will be given a court-appointed attorney should you be unable to afford one. This is due to the fact that the stakes are much higher and there is a lot more for a defendant to lose.
