There are several different types of offenses for which a person can be charged in the United States. They are categorized into three different groups, depending upon the severity of the offense. The three groups in decreasing levels of seriousness are felonies, misdemeanors and infractions. You can further categorize such crimes under the umbrella of either property crimes or personal crimes. Depending upon the state in which you live, a certain type of crime could be categorized as a property or a personal crime.
The most severe type of offense is a felony. These are generally punished by over a year in prison and, depending upon the location, a person who has been convicted of a felony may even face the death penalty. In states that do not carry out the death penalty, the person could be subject to life in prison. Both personal and property crimes can be charged as felony offenses, depending upon the circumstances of the crime. Some examples of felony crimes include murder, manslaughter, rape, kidnapping, armed robbery and grand theft.
Another important factor when considering criminal charges is that an individual who aided and abetted another who has been charged with a felony may also face felony charges, depending upon the crime and the laws of the state.
As far as penalties go, each state has their own legislature regarding how felonies should be punished. Every state's minimum or maximum penalty for a particular felony could be different, depending upon the penal code specific to that state. Anyone in the United States who is convicted of a felony can also face the loss of civil rights, including the right to bear arms and the right to vote, depending upon the offense.
The second most severe type of offense is a misdemeanor. These types of charges are generally much less serious than felonies and the individual charged can face up to one year in jail if he or she is convicted. Some offenses can be charged as either a felony or a misdemeanor, depending upon the circumstances. For example, a drug-related crime can be a misdemeanor if it involves an individual smoking a marijuana cigarette, but it can be a felony if the person charged has enough of a controlled substance to give law enforcement reasonable belief that he or she intended to sell or traffic the substance.
The least serious type of offense is referred to as an infraction. These types of offenses are virtually never punishable by jail time and usually only involve a fine or similar less severe punishment.
One of the most common types of infraction is a speeding ticket. Littering can also be classified as an infraction.
If a person commits an infraction and it results in the injury of another person's property or person, it is likely that the infraction will be raised to a misdemeanor or felony charge, depending upon the circumstances of the situation.
It is always best to be familiar with your state's penal code and your city's ordinances so that you are aware of the laws in your area. Some cities might cite you for jaywalking, for example. Being unaware of the law is not a viable defense and you may have to pay the fine despite a lack of knowledge of the particular laws of that city.
If you are facing criminal charges, it is in your best interests to speak with an attorney to ensure that your legal rights are protected. An experienced defense lawyer will be able to help ensure that you are given the best chance at avoiding harsh penalties and maximum sentences.
