It might seem surprising how many people misunderstand the laws that have a major impact on their day-to-day lives but, in many ways, it makes perfect sense. After all, if you have never had a reason to learn the details of a given law and the possible punishments for breaking that law, then why would you know much about it?
Most people don’t know the classifications of different laws simply because they’ve had little to no interaction with them. However, by not having a general understanding of how certain criminal offenses are treated by the authorities, you might be opening yourself up to a much more serious charge than you realize.
A judge will not care very much how familiar you are with a law if you are faced with a criminal charge. By knowing a few basics, you can be sure that you are protecting yourself from committing a crime that is much larger than you realize.
So, let’s take a look at a few of the most basic categorization of offenses and the possible punishments for each. The three categories that we’ll look at below are felonies, misdemeanors and violations.
Felonies
Defining a felony: A serious crime punishable by at least one year of imprisonment.
Punishments for felonies: While someone convicted of a felony faces at least a year of imprisonment, sentences can range up to 50 years or life imprisonment. Sentences can be served in federal prisons if the person is convicted of a federal crime.
Examples of felonies: Murder, theft over $500, various drug offenses, and most sex-related crimes.
Misdemeanors
Defining a misdemeanor: A crime considered to be less serious than a felony.
Punishments for misdemeanors: These crimes can be punished by up to 12 months in jail, served in a local or county jail. Fines of up to $500 can also be given to those who have committed a misdemeanor. Other punishments include probation and community service.
Examples of misdemeanors: Theft of property under $500, public intoxication, most DUI offenses, and criminal trespassing.
Violations
Defining a violation: A violation is an offense, though not always considered to be a “crime.”
Punishments for violations: typically, a fine.
Examples of violations: Disobeying a local ordinance, disobeying certain traffic laws, failure to register transfer of vehicle, hitchhiking on limited-access roads, license plate violations, and not having a rear-view mirror on a vehicle.
It is also important to understand that other factors surrounding an arrest or citation can play a significant role in determining what category that offense falls into. For example, while most DUI offenses are misdemeanors, a fourth DUI offense becomes a felony. Other factors that play into the severity of a crime include the age of the victim, the possibility of other crimes being committed at the same time, and the criminal history of the accused.
If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation. Our lawyers specialize in helping defendants fight back on assault charges, misdemeanors, domestic violence, property crimes, drug charges and more, call today.