Criminal Defense: Classification of Crimes

Criminal charges are typically classified as infractions, misdemeanors, or felonies depending on the severity of the offense. The more serious the charges, the more serious the punishment usually is as well.

But why does this matter?

Crime classifications and possible punishments vary by state. If you have specific questions about your criminal charges, how they are classified, and what it all means, a criminal defense attorney in your area is the best person to ask for specific legal advice.

Let’s take a look at each crime classification.

Infractions Defined

Infractions are the most minor of the classification of crimes. This category may also be referred to as petty offenses, violations, or petty misdemeanors. Examples of infractions may include:

• Jaywalking
• Traffic tickets
• Minor drug possession (in some states only)
• Noise complaints
• Seat belt violations

If a police officer is called to your residence for a noise complaint, they might write you a ticket or a citation. While there may be a fine involved, this is generally the extent of it – as long as the fine is paid in full and on time. Ignoring or forgetting to pay a fine for a minor offense could result in increasing fines, as well as additional penalties.

It’s also worth noting that experienced criminal defense lawyers may argue for misdemeanor charges to be reduced to an infraction. This defense strategy can help you avoid a criminal record and tends to be used for first-time offenders.

Misdemeanors vs Felonies

In criminal law, misdemeanors are more serious than infractions, but less severe than a felony. Misdemeanor convictions usually involve more substantial fines than those associated with infractions, and may even involve up to one year in jail. Many states also have gross misdemeanor classifications that involve greater penalties and potential time in jail.

Felonies, of course, are the most serious offenses of all criminal offenses. Within this classification, crimes are further defined by degrees (with first-degree being the most serious and third-degree being the most minor). Crimes that fall under the felony category, the most serious crimes, may include:

• Arson
• Violent crimes (including sexual assault and murder)
• Burglary
• Terrorism
• Kidnapping

The standard definition of a felony is any crime for which the convicted individual can be punished with jail time for more than one year. That being said, however, felony punishments are handed out at the state level. Another differentiation from the misdemeanor level is that rather than time in a county jail, felony convictions translate to serving out a sentence in a state prison. A conviction in federal court would mean serving the sentence in federal prison.

There are further divisions and subclassifications of these crimes. How a class b felony differs from a class c felony and how class bmisdemeanors differ from traffic offenses depend on the jurisdiction where you live.

Rights in Felony Cases

There are certain rights that are guaranteed to those charged with committing one or more felony crimes. These rights include:

• The right to have a court-appointed attorney if you cannot afford one
• The right to enter a plea of not guilty
• The right to a trial
• The right to be presumed innocent unless proven guilty beyond a reasonable doubt

Capital felony offenses – which mean the death penalty is on the table – also stipulate that the 12-person jury must unanimously agree on guilt for a conviction.

Felony Convictions Don’t Go Away

There are certain public rights that are essentially lost for those convicted of a felony. These rights include:

• The right to own a firearm
• The right to vote
• The right to public housing

Because felonies stay on your criminal record, they also may affect your ability to find a job. A criminal defense lawyer may try to negotiate a plea bargain to reduce a felony charge down to a lesser gross misdemeanor or misdemeanor. After your conviction, it may be possible to seek an expungement of your criminal record, but this depends on where you live.

In many states, repeat offenders are also subject to a “three strikes” law, which comes with a mandatory prison sentence after a third conviction.

The Bottom Line

Crime classification matters because the type of crime committed sets the stage for the entire procedure through the criminal justice system. Infractions usually only involve citations and fines. Lawyers may not be involved unless the crime is considered a misdemeanor, gross misdemeanor, or a felony. Regardless, every person accused of committing a crime is guaranteed constitutional protections.

Talking to a criminal defense lawyer in your area is the best way to make sure that prosecutors respect your constitutional protections; the best way to get tailored legal advice; and the best way to get the best defense.