Classifications of Crimes

Crimes can be classified into varying levels or degrees, based on whether the crime committed falls into a relatively minor crime all the way up to extremely violent.  This classification also reflects the seriousness of the crime.  Jurisdiction, which is location, and who is in charge of the criminal process in a certain area, also plays a part in the classification of an offense.  If you are questioned, accused or arrested for a crime, be sure to consult an experienced attorney as early in the process as possible.  Each crime committed will have different possible ramifications, and your criminal defense lawyer can explain your options and rights for the particular crime involved.

Felonies

Federal criminal law defines a felony as a crime that is punishable by more than one year in prison.  About half of the states use this definition also.  Other states consider a felony a crime punishable by death or a state prison sentence.  In general, the most serious crimes are classified as felonies.  These can be particularly violent, involve weapons, or threaten high amounts of financial damage or harm to property.

  • Examples of felonies include murder, treason, rape, arson, burglary and kidnapping.
  • Defendants have the right to be charges only by a grand jury for federal felonies.  State felonies vary on the right of a grand jury.
  • Maximum safeguards are built in to the prosecution and court procedures to ensure no rights are violated because of how serious a felony is, and how severe the punishment can be.
  • Defendants charged with a felony have the right to a free state-appointed criminal defense attorney, if they are unable to afford a lawyer on their own.
  • Convicted felons can face long-term consequences after they serve their time.  Some of these may include loss of right to vote, no longer eligible for elected office, cannot hold a professional license, severe restrictions on right to bear arms, unable to live in desired area, ineligible for public benefits, educational benefits, or certain jobs, problems with immigration, unable to serve as a juror, negative impact on parental rights or divorce proceedings, required to register for certain criminal registries, and there is the social stigma of being a convicted felon.
  • Persons accused of felonies have the right to jury trials.

A crime referred to as a capital offense, such as murder, can be punished by the death penalty.  Most crimes are not considered capital offenses.

Misdemeanors
A misdemeanor under federal criminal law is considered a crime for which the maximum possible punishment is one year or less of incarceration.  Approximately half of the states follow this rule as well.  The other states define a misdemeanor as a crime punishable only by fine, or a jail sentence, as opposed to a prison sentence.  Some states classify misdemeanors even further into “petty offenses, “ punishable by six months or less in jail, or “simple” or “minor” offenses which carry a maximum of only 90 days in jail.
Because misdemeanors are in general less violent and involve lower levels of harm than felonies, the legal proceedings are usually simpler than those for felony proceedings.  By nature of the definition, the penalties are less severe, and the after affects of a misdemeanor are much less harsh than those of a felony.

  • Fines, property forfeitures or incarceration in a jail for a maximum of one year are the most often penalties for misdemeanors.
  • Grand jury rights vary at the state level, and there is no federal right to a grand jury in a misdemeanor situation.
  • Misdemeanor court procedures can be less formal than felony proceedings.
  • Unless imprisonment could result as punishment, defendants unable to pay for an attorney are not eligible for free legal counsel.
  • Although some of the long-term consequences of a convicted felon follow someone convicted of a misdemeanor also, in general, a person convicted of misdemeanor retains the right to vote.
  • There is no right for a jury trial if punishment potential is imprisonment for six months or less.

Minor Offenses

The terminology for minor offenses can vary by state, from petty offenses, infractions, to violations of the local law, but in general the punishment for minor offenses, such as a traffic offense, is a fine only.  In certain situations, there could be 90 days or less in jail, but often minor offenses are not even considered crimes.

Conclusion

To have the best information for what classification crimes in your jurisdiction fall under, it is important to contact San Diego criminal lawyer Tim Richardson to set up a free consultation.  Our knowledge of California and local area laws will help you in any type of criminal case.  If you have questions or concerns, please call or email us today.