Community Service in response to Misdemeanor

Author: Kevin Jones

Author: Kevin Jones

Most states break their crimes into two major groups, felonies and misdemeanors. The difference between the two types of crime is the punishment involved. Where a crime can be punished with a year of more of imprisonment in state prison, it is a felony. But if the potential punishment is for a year or less in the county jail, then the crime is considered a misdemeanor. There are certain crimes, called "wobblers," which may be considered either a misdemeanor or a felony, because under some conditions the punishment may be imprisonment for less than a year, and in other situations, the criminal may go to prison for a year or more. It is up to the judge in the case, usually recommended by the prosecuting attorney, on whether to charge a wobbler as a felony or a misdemeanor. Other types of crimes, called infractions, may be punished by fines, but may still be considered a misdemeanor, such as possession of less than an ounce of marijuana for personal us. Misdemeanors are crimes punishable by a maximum period of confinement, ordinarily in the county jail, of one year or less. Fines can also be imposed for misdemeanors. Unless otherwise specified by law, misdemeanors in California are punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one $1,000, or by both. Many California statutes define misdemeanors with greater fines, or with maximum terms of imprisonment of one year. Common examples of misdemeanors include: driving under the influence of alcohol or drugs, prostitution, vandalism, possession of loaded or concealed weapons, and petty theft. Infractions are the types of crimes which are not punished by a term of imprisonment. Rather the types of punishments include fines and community service. The most common types of infractions are traffic offenses, like running a stop sign. Other punishments for Class 1 misdemeanors can include the loss or suspension of a professional license. For example, a taxi driver who is convicted of reckless driving or driving while intoxicated may lose his taxi license. Likewise, a certified public accountant who commits fraud may lose his standing as a CPA. If the Class 1 misdemeanor is not related to the professional certification, the license does not necessarily have to be forfeited. If the CPA was convicted of a traffic related misdemeanor, it would likely have little effect on his standing as a CPA. Upon being arrested for any crime, misdemeanors included, everyone has a constitutional right to an attorney. Depending on the nature of the crime and previous criminal record, an attorney can bargain to get charges reduced or dropped and punishments lessened People who are convicted of misdemeanors are also punished by probation, community service or part-time prison sentences served on the weekends. Some lesser misdemeanors can carry a simple fine. One way misdemeanors can differ from felonies is in the loss of civil rights. If someone is convicted of a felony, then a loss of freedom and voting can be imposed. A misdemeanor should not result in a loss of civil rights except in those cases where a jail sentence is given.About the Author:

POST COMMENT

Misdemeanor Community Service