Infractions, Misdemeanors and Felonies
Offenses: How to distinguish if an act is an infraction, a misdemeanor or a felony, it most of the times depends on the facts from each particular case and all are classified in the California Penal Code. The following description is made by degree of seriousness, beginning with infractions and ending with felonies. Penalties and fines, of course, increase according to the seriousness of the criminal act.
- Infractions
- Misdemeanors
- Felonies
· Infractions: offenses, such as simple traffic violations with no aggravating situations. They carry a fine but no time in jail.
· Misdemeanors penalties and procedures: offenses, such as petty theft, disturbing the peace, assault and battery, DUI without injury, various traffic violations, etc (depending on the gravity and circumstances of the offense, and the discretion of the district attorney, an offense can be punished as a felony or as a misdemeanor). After being tried in the local lowest court, misdemeanors can signify county jail up to one year, probable probation and a fine. The consequences in a misdemeanor conviction can go from loosing a certification or license in the case of professionals, to the alternative - and equivalent to jail time - work programs and/or community service or alcohol programs.
Defense: A good defense has to be vigorous to convince the judge not to order jail time in a first offense case. It has to know how to settle the case with the victim so to have your case permanently stayed or dismissed. It has to be able to explain to you when it is appropriate to negotiate a plea-bargain to avoid severe consequences.
Out of state: If you are out of the state, you can waive your right to personally appear on a misdemeanor case, in most cases.
· Felonies penalties and procedures: offenses like robbery and drug possession. The fines are higher and the jail time is set in the state prison for more than one year. Capital offenses are the ones that involve the death of the victim as a consequence of your offense, such as murder. They can be punished with the death sentence.
Aggressive Defense: An experienced and aggressive defense is necessary when the offense is a felony, since the risk to go to jail is evident. The term of imprisonment can be low, middle and high. Probation can be granted, requiring local jail time, community service, fines and restitution.
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