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Page 31 of 33 |
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Petty offenses, misdemeanors and felonies - what class am I in? |
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Crimes are categorized into classes that are defined by their punishments.
Petty Offenses - A petty offense is a sub-group of misdemeanor. Petty offenses typically may be tried before a magistrate in a summary proceeding as the matter typically is handled all on the date of the first appearance by the defendant in court. The defendant may be denied the right to a jury trial without violation of constitutional rights. Offenses such as minor traffic tickets, parking violations, and minor infractions of local ordinances are treated as petty offenses. The typical punishment for violation of a petty offense is the imposition of a fine.
Misdemeanors - Violation of a misdemeanor law can result in imposition of punishment greater than that of a petty offense but not as severe as that of a felony (examples might be a heavier fine, or short jail sentence).
Felony - A felony crime can result in the imposition of the greatest punishment for violation of law, such as a jail sentence greater than one year and fines exceeding $1,000.
The class of a crime is important to consider since the governing substantive law and procedural law are different between the classes. Petty offenses are provided the least amount of protections while felonies have numerous protections built into their treatment by the court system. The punishment for a petty offense is much smaller than the punishment for a felony - which can result in loss of life (death penalty) or liberty (jail). |
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