When you hear terms like “felony,” “misdemeanor,” or “infraction,” it’s easy to feel confused or overwhelmed.
What are these words? What’s the difference between them, and what are the punishments for each?
Whether you’re dealing with a case or simply want to learn about what kind of criminal charges exist, knowing the differences can make all the difference.
Legal jargon and rules can seem like a maze when it comes to the legal world, but taking it one step at a time can make a difference.
You see, all charges have their own penalty, from a few dollars to a death sentence.
Understanding and knowing the difference is half the battle. Let’s take a closer look!
Criminal Charges: Misdemeanors vs. Felonies
To be fair — getting arrested for something criminal is overwhelming. But understanding the basics can make it a little less stressful.
In California, crimes are divided into three different kinds of categories:misdemeanors, felonies, and infractions.
Here’s how they’re different.
Misdemeanors
What is a misdemeanor? Think of misdemeanors as the “less serious” offenses; a minor wrongdoing.
Crimes like petty theft, simple assault, shoplifting, vandalism, disorderly conduct, trespassing or a DUI without injuries are common examples.
If you’re convicted, you might face:
- Up to a year in county jail.
- Fines.
- Probation.
- Community service.
A misdemeanor is serious, but manageable. They won’t ruin your life, but they can get your life out of line.
Felonies
Now felonies are in another league altogether. There charges are punishable by more than one year in prison — such as murder, armed robbery, rape.
If you’re convicted, outcome is tougher:
- Over a year in state prison.
- Significant fines.
- Life imprisonment (in some cases).
Felony convictions can have a lifelong impact, from job prospects to voting rights. It’s not just about the time you might serve—it’s about the impact it has on your future.
California’s Penalty Structure: The Nitty-Gritty
California doesn’t do “one size fits all” when it comes to criminal penalties. Here are a few things that make our system unique:
- Three Strikes Law: If you’re convicted of a serious or violent felony, it counts as a “strike” and it limits the ability of the offender to receive a plea offer aside from a prison sentence. Three strikes? You could be looking at 25 years to life.
- Probation: In some cases, you can avoid jail time by serving probation instead. This could involve regular check-ins, counseling, or drug testing.
- Diversion Programs: For certain non-violent crimes, California offers programs that focus on rehabilitation. Complete the program, and your charges might be dismissed altogether.
- Sentence Enhancements:Certain factors—like using a weapon, gang involvement, or committing a crime while on probation—can add time to your sentence. These are called enhancements, and they can turn a relatively minor offense into a major problem.
Facing charges can feel like the end of the world, but it doesn’t have to be. The key is understanding your situation and knowing your options.
If you or someone you know is dealing with criminal charges in California, don’t wait to get help.Contact our offices today!