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There are two types of crimes in California: felonies and misdemeanors Orange County Criminal Attorney. A misdemeanor is a criminal crime for which the maximum possible prison sentence is one year Orange County Criminal Defense. However, the court may impose a punishment of up to $1,000 for a misdemeanor conviction, depending on the specifics of the case and your criminal record. Petty theft, public drunkenness, DUI with injury, prostitution, and violating a protection order are all misdemeanors. However, the more serious crimes that fall under the felony category carry penalties of more than a year in prison and fines of up to $10,000 if found guilty. Selling drugs to minors, assaulting another person, killing another person, causing another person's death in a car accident, and engaging in s-e-x-u-a-l conduct with a juvenile are all considered felonies. Penalties for felonies can be found in California law, while judges may take into account your prior record and other factors when determining your actual sentence. Your lawyer may be able to convince the court to place you on formal or felony probation instead of jail time. A judge may select informal probation over jail for a misdemeanor. Wobbler violations can be prosecuted as a misdemeanor or felony in Orange County. The prosecutor's decision will depend on the case and your record. Wobblers include grand theft, assault with a hazardous weapon, elder abuse, and handgun display Orange County Criminal Defense Lawyer.
What’s The Difference Between A Misdemeanor And A Felony?
Depending on the gravitas of the conduct, a criminal act can either be labeled as a misdemeanor or a felony. As a result of their lower level of seriousness, misdemeanors are subject to less severe punishments. The majority of the time, such punishments may consist of less than a year spent in jail, as well as community service, fines, rehabilitation, and/or probation. On the other hand, being convicted of a felony will result in a jail sentence of at least one year, and usually decades or even a lifetime. Crimes and misdemeanors have different legal procedures. Misdemeanor trials are judge-only. Indictment or preliminary trial, then jury trial if you're charged with a crime.
Types or Categories of Crimes
Depending on the gravity of the offense, crimes are often classified into a number of distinct categories by most state criminal justice systems in the United States. Infractions, misdemeanors, and felonies are the three broad types of criminal offenses. These bigger groups may have subcategories or subclasses. The maximum sentence length usually determines the categorization. To comprehend the differences, you must know how the court conducts a case. In most circumstances, a misdemeanor's maximum sentence determines its felony status.
What's an Infraction?
Infractions are minor crimes. Infractions are violations of regulations, ordinances, or laws. An infraction often does not result in incarceration and is not recorded in a criminal history in the vast majority of jurisdictions. Usually, the only consequence for breaking the law is a fine, but under federal law, an infraction is considered a felony punishable by up to five days in jail. Infractions include things like traffic fines but can also include things like trespassing, littering, disturbing the peace, and similar minor offenses. When a police officer witnesses a violation of the law, he or she will often issue a citation and present it to the offender. The perpetrator is fined. Minor violations are seldom prosecuted (much less jail). Minor transgressions might become serious ones if unsolved or unpaid. Crimes are categorized (i.e. moving violations, non-moving violations, and other petty offenses). In most countries, the law sets a progressive scale of fines and other punishments, starting with the least severe offenses and continuing higher.
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