Classification of Crimes
Crimes in United States have historically been classified in two categories: (1) crimes that are inherently evil, obvious wrongs that most societies would consider serious crimes, like murder, robbery, rape, and arson; and (2) crimes that while not inherently evil are sufficiently bad to be governed by law, like gambling, speeding, and the sale of illegal drugs. Over time crimes have evolved into being classified by not only the seriousness or intention of the crime, but by whether the crime harms people or property, with more serious crimes having more serious punishments.
All crimes are a violation of law, however, since there exists a wide range of punishments that can be imposed on a criminal activity, crimes tend to be classified, at least by criminal defense lawyers and courts, by the degree of punishment you can get when you commit a crime. And, while classifications may differ state to state, criminal offenses usually fall into one of the following classifications.
Felonies
Considered the most serious of all crimes, felonies require a minimum of one year in a state or federal prison (not county jail), with the most serious of felonies eliciting lengthy prison sentences and in some states a punishment of death. A capital crime is one that is punishable by the maximum amount of punishment allowed; and in most states capital crimes are limited to murder or treason. Other common felonies include:
- Murder
- Rape
- Burglary
- Kidnapping
- Arson
- Robbery
If you are charged with a felony, you want to make sure that you hire a criminal defense lawyer well-versed and highly-experienced in the defense of felony crimes. The most serious of criminal charges, a felony charge can be won or lost at trial with type and quality of representation you engage to represent you.
Misdemeanors
A lesser crime than a felony, a misdemeanor is punishable by less than one year in prison and may include a fine. Misdemeanors that are considered exceptionally minor are sometimes referred to as petty offenses, typically punishable by less than six (6) months in a county jail and a fine or both (i.e., jaywalking). A wide variety of crimes can be classified as misdemeanors in most states and include crimes like:
- Vandalism
- Prostitution
- Speeding
- Trespassing
- Public Intoxication
- Use of a false ID
Sometimes a misdemeanor may be reclassified as a felony if the misdemeanor is accompanied by an aggravating factor. An aggravating factor can bump a misdemeanor up to a felony charge if the offense is serious enough (i.e., an assault where the violator is carrying a gun). While misdemeanors may be lesser offenses in comparison to felonies, should you be charged with a misdemeanor, you want to again hire a criminal defense lawyer to represent you who has had success in the defense of your particular charge.
Violations
Violations are offenses that are noncriminal, but are still punishable by a fine and a possible court appearance. Some violations can be raised to the level of a misdemeanor when you are arrested time after time for the same offense or a similar offense. Violations include offenses such as traffic violations and public drunkenness.
When to Hire a Criminal Defense Lawyer
If you are charged with a felony or misdemeanor, you need the services of an experienced criminal defense lawyer. A qualified criminal defense lawyer will help you determine the best strategy for defending your actions regardless of your guilt or lack thereof. No matter the circumstance or the level of innocence you may perceive you have, it is wise to immediately engage the services of an experienced criminal defense lawyer before your first court appearance.
