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Felonies & Misdemeanors

LawInfo Lead Counsel qualified criminal defense attorneys, as listed on this site, have expertise in a variety of criminal law matters, including felony and misdemeanor law.

What is a crime?

A crime is an act committed or omitted in violation of a public law forbidding or commanding it and for which punishment is imposed upon conviction. A criminal case arises when the government seeks to punish an individual for an act that has been classified as a crime by Congress or a state legislature and a prosecutor, rather than the crime victim, initiates and controls the case. Crimes are categorized by Congress as felonies and misdemeanors, although there are many different types of crimes that fall under each class.

Petty Offense: Petty offenses, also known as infractions, fall into a sub-group of misdemeanors. In short, they are misdemeanors that never warrant any time in jail. A person who commits a petty offense will usually get a ticket or citation, and they are typically tried before a magistrate in a summary proceeding. The matter is normally handled all on the date of the first appearance by the defendant in court, and the typical punishment for a petty offense is the imposition of a fine. Due to the nature of the offense, the defendant will probably be denied the right to a jury trial. However, it is not considered a violation of constitutional rights, as it is with other criminal offenses. Petty offenses include such infractions as minor traffic tickets, parking violations, and minor infractions of local ordinances.

In the case of petty offenses, a person’s rights are not restricted as they would be if they were guilty of a felony or even a misdemeanor under certain circumstances. Petty offenses are also not counted as "strikes" in states that have adopted the three strikes laws. Because no jury trial is mandated for petty offenses, if you are charged with a petty offense, the best thing to do is to just pay the fine and not fight the charge.
Misdemeanor: Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a heavier fine than what someone would pay if they committed a petty offense, or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary).

The prosecutor does not usually require a grand jury to investigate and charge misdemeanors. However, misdemeanor charges can be generated by grand jury indictments if they accompany one or more felonies. Misdemeanors not accompanied by felony charges are typically charged by written complaint or information and in many jurisdictions, defendants who can’t afford an attorney are not entitled to a court-appointed attorney. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures. For instance, the defendant may have to request and pay a fee in order to get a jury trial.

A person convicted of a misdemeanor is usually able to vote, serve on juries, practice in licensed professions like being a lawyer and serve in the military. Most importantly, misdemeanors are not counted as "strikes" in states that have adopted three strikes laws. However, if a person has already been convicted of two felonies, the misdemeanor could potentially be considered the "third strike" offense, which could result in a mandatory 25 year to life prison sentence. If you live in a three strikes law state, contact a qualified criminal attorney in your area, as listed on this site, to determine if the misdemeanor offense with which you are being charged could potentially be your third strike offense.
Felony: Felonies are considered the most serious types of crimes, and each state has different punishments for these offenses. A standard definition of a felony is any crime punishable by more than one year in prison or by death for capital offenses like first-degree murder. Unlike misdemeanors, defendants convicted of felonies serve their sentences in a state or federal prison rather than a local, city or county jail. Additional criminal procedures apply with felonies, and the right to a court-appointed lawyer if the defendant can’t afford one is one of the rights guaranteed in felony cases. Also, whether or not the defendant has to appear in court for various parts of the criminal justice process also depends on whether or not he or she is being charged with a felony.

In some jurisdictions, felonies can only be charged upon a grand jury indictment, while lesser crimes can be charged by a written complaint or information. Check with a qualified Lead Counsel criminal law lawyer in your state for your state’s procedure for charging a misdemeanor or felony crime.

In the case of a felony charge, not only are the procedural laws different than they are for misdemeanors, but the substantive laws can also be affected. For example, under some statutes an accidental death would be considered a murder if it occurs in the commission of a felony--like armed robbery or kidnapping. However, if it occurs in the commission of a lesser crime like a DUI, it is only manslaughter. The common law definition of a burglary is breaking and entering a house for the purpose of committing a felony; if the purpose was not to commit a felony the crime cannot be charged as burglary.

A person convicted of a felony will usually have more restrictions on their rights (collateral consequences) than a person convicted of a misdemeanor. For example, in many jurisdictions, convicted felons cannot serve on juries. They may also lose their right to vote or to practice certain professions, such as lawyer or teacher. Felons may also be prohibited from owning guns or serving in the military, and they may also have to register as an offender (e.g., sex offender, narcotics offender).
Wobbler: A wobbler is a crime that could be charged as either a felony or misdemeanor. Even if a wobbler begins as a felony, it may be reduced to a misdemeanor at sentencing, or the completion of successful probation.

Finally, many jurisdictions base their "three strikes" laws on prior felony convictions but not misdemeanor ones. This means that if the person has already been convicted of two felonies, a third conviction would result in a mandatory 25 year to life prison sentence with no possibility of parole even if the third crime does not involve any risk to human life or it would normally considered a misdemeanor otherwise. See Three Strikes and You’re Out for more information. Because the adoption of the three strikes laws vary by quite a bit among the states that have adopted them, you should check with a Lead Counsel criminal attorney in your area to see if the charge you are facing could potentially be considered a third strike offense.

What's the difference between procedural / substantive law?

Substantive law establishes principles and creates, defines and regulates rights, duties, obligations, and causes of action that can be enforced by law. Procedural law establishes the rules and methods to be used for enforcing rights and duties, including how the courts are conducted.

Should I hire a Criminal Attorney?

For petty offenses, a lawyer is typically not needed. However, if you are facing misdemeanor or felony charges, it is in your best interest to contact a criminal law lawyer right away. It is very important to hire an attorney that specializes in the area of crime in which you are charged. For example, if you are being charged with embezzlement, fraud, money laundering or counterfeiting, you should hire an attorney that specializes in white collar criminal defense. On the other hand, if you are faced with a murder or manslaughter charge, your criminal attorney should specialize in violent crime defense.

Contact a LawInfo Lead Counsel qualified criminal defense attorney today if you are facing a misdemeanor or felony charge. LawInfo Lead Counsel qualified criminal defense lawyers are pre-screened and pre-qualified. They are well respected by their peers and are in good standing with their state bar associations.

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