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TYPES OF CRIMINAL OFFENSES

A. MISDEMEANOR Crimes that are regarded as less serious are referred to as misdemeanors. A misdemeanor is generally punishable by a fine, or by incarceration in a local jail for a period of less than one year. Prosecutors typically do not convene a grand jury to investigate or issue indictments for misdemeanor charges, although, under some circumstances, the same conduct may result in both felony and misdemeanor charges. Misdemeanors are usually charged by a written complaint or "information."

As a rule, the penalties and other consequences of a misdemeanor conviction are less severe than those of a felony conviction. Not only are the jail sentences imposed generally shorter, but the broader consequences are not as dramatic. Usually, a person who has been convicted of a misdemeanor may still vote, serve on a jury and practice his or her profession. Defense counsel may, in some cases, be able to "plead down" a felony to a misdemeanor, which will not only minimize the punishment imposed, but will also lessen the consequences for the future.

Although misdemeanor charges may be considered minor, being accused of a misdemeanor offense-not to mention being convicted of one-can cause a major disruption in the life of an accused. Misdemeanors may not carry the same threat of severe punishment and life-long consequences as felonies, but a misdemeanor conviction can nonetheless be costly, in both financial and personal terms. As in any criminal case, it is essential that a defendant in a misdemeanor prosecution have zealous legal representation. A person accused of a misdemeanor should seek the help of an experienced criminal defense attorney.

B. FELONY The most serious types of crimes are referred to as felonies. The general definition of a felony is any crime that is punishable by imprisonment for more than one year, or death. A crime that has a maximum sentence of a monetary fine, or a short period of confinement in the local jail is not a felony. Even if a statute does not specifically label an offense as a felony, the punishment for that crime may define it as a felony. Felonies include both violent and non-violent crimes, such as grand theft, embezzlement of large sums of money, first degree assault or assault that causes severe bodily harm, all degrees of murder, rape, racketeering, large scale fraud, kidnapping, and serious drug crimes. When you are charged with a more serious crime, the need for an experienced criminal defense attorney to help you through the process becomes even greater.

If a person is convicted of a felony, he or she may find that his or her rights are restricted more than those of a person convicted of a misdemeanor. Convicted felons usually serve a longer prison sentence, and the conditions of their incarceration are generally more severe. There are many other consequences as well. For example, in many states, people convicted of felonies may not serve on juries. They may lose their right to vote or to engage in certain professions. Felons are often prohibited from serving in the military or owning firearms. In addition, many states have so-called "three strikes" laws which require that a person be sentenced to life imprisonment upon his or her third felony conviction. The punishment and consequences of a felony conviction are severe and long-lasting. If you are facing felony criminal charges, contact an experienced, knowledgeable criminal defense attorney without delay.

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