In most states, crimes are classified as petty crimes or violations, felonies, and misdemeanours. Petty crimes are usually punishable by fines without jail time like traffic infractions. Misdemeanours are less serious crimes than felonies. Whether you are charged with misdemeanour or felony, you need an experienced criminal defence lawyer to assist you with your case.
What is a misdemeanour?
The most common examples of misdemeanour are minor theft, minor drug offenses, and traffic offenses like DUI or driving with a suspended license. Misdemeanours are punishable by fines or jail time that does not exceed one year. If multiple cases of misdemeanour are brought simultaneously, sentences will be structured to run consecutively not concurrently. This means that the next sentence begins when the first one ends which can result in several years in jail.
While some proceedings for misdemeanour can be expedited, the process is still similar to a court trial. The defendant can hire a criminal defence lawyer; if he cannot afford to hire one, there will be a court-appointed lawyer for legal representation. The defendant also has the option to defend himself but this is highly discouraged by the court.
What is a felony?
Felony is a more serious crime that is punishable by substantial fines and prison sentences that are more than a year. Felonies are classified according to degrees with the first degree as the most serious. Murder, aggravated or grand theft, and rape are the most common examples of felonies. There are states that require the prosecutor to get an indictment from a grand jury before an individual is charged with a felony.
Those who are accused of a felony are entitled to a trial by jury. The defendant requires a lawyer for his defence; if he cannot afford to hire one, there is a court-appointed lawyer as provided for the constitution. If life imprisonment or death sentence is the expected sentence, a trial will require a jury of 12 or even more so that there will be alternate jurors in case a primary juror becomes sick or disqualified.
Aside from the substantial fines and jail time, a felony conviction disqualifies the person from serving as a juror, from purchasing firearms, and from being employed in some professions like the military, law, and teaching.
There are also secondary consequences to consider. For example, a person convicted of a crime with a sexual element can be registered as a sex offender or sex predator by some states. There are also states that have enacted civil penalties for criminal acts. The Jimmy Ryce Act of Florida allows an involuntary civil commitment for a violent sexual offender. A person who is convicted of rape can be sentenced to a mental institution for the rest of his life.
Being charged with misdemeanour or felony is a serious matter. You can visit https://jagvirklawyers.com/ to have a qualified lawyer to assist you with your case. Criminal defence lawyers ensure that your rights will be protected and will help you navigate the complexities of the criminal justice system. You can call today for a free initial consultation.
