As part of our ongoing effort to provide Sacramento Valley residents with a working understanding of our criminal justice system, today's post outlines the differences among felonies, misdemeanors, and infractions.
California defines criminal behavior primarily through its Penal Code, Vehicle Code, and Health and Safety Code. Crimes in each of these areas are divided into felonies, misdemeanors, and infractions. The category a crime falls into depends on the severity of the offense and the existence of any prior convictions on a defendant's record.
Infractions are the least severe and come with fines of up to $250 and no possibility of jail time. Examples are traffic tickets and some city ordinances.
Misdemeanors carry penalties of up to one year in county jail, fines of up to $1000, counseling, and/or work project. Examples include petty theft, reckless driving, first time DUI, simple assault and battery, possession of less than one once of marijuana, and under age drinking. Defendants in misdemeanor cases have the option to waive their right to appear in court and allow their attorney to appear for them.
Felonies constitute more serious offenses and carry the possibility of state prison terms of 16 months or longer, a combination of probation plus up to one year in county jail, stiffer fines, and in extreme cases even the death penalty. Examples of felonies include drug possession and distribution, sexual assault, aggravated assault, felony DUI, grand theft, arson, and homicide.
Some crimes - assault, DUI with injuries, drug possession, theft, vandalism, for example - are "wobblers," meaning they can be charged as misdemeanors or felonies depending on the circumstances.
If a person is convicted of a felony, the judge looks to the California Determinant Sentencing Laws, which give three sentencing options: low, middle, high. The judge's interpretation of the facts of the case determines the option he/she selects. Factors include the seriousness of the crime, existence of previous convictions, and aggravating circumstances.
Over the last 20 years, California law has made the consequences for felonies considerably more punitive. Penal Code 667, the Three Strikes Law, has particularly severe ramifications. Under certain circumstances, a 2nd felony conviction can result in a reduction in the amount of prison term credit that can be earned for good behavior. It can also mean that the prison sentence for the current crime is doubled. A 3rd felony with two strikes can mean a prison sentence of 25 years to life without the possibility of parole. Complicating matters even more is Penal Code 666, which allows a theft with a prior to be charged as a felony. It raises the possibility of someone with 2 strikes committing a minor theft, having that theft charged as a felony, and then being sent to prison for 25 years to life.
Convictions, particularly of felonies, have serious consequences, from difficulty finding employment to the possibility of jail or prison time. This brief overview highlights the fact that a quality, experienced criminal defense lawyer is critical when faced with criminal charges.
For information on the structure of our court system, see our September 4 post.
For information on the different law enforcement agencies in California, see our August 25 post.
