Infractions, Misdemeanors And Felonies

Ellena Arroyo

There are 3 classifications of criminal offense: Infractions, Misdemeanors And Felonies.

Of the three, felonies are the most serious. Criminal charges that are felony related: battery, aggravated assault, burglary, arson, drug-related criminal offenses, domestic violence, fraud, DUI, manslaughter, kidnapping, rape, murder, vandalism, theft and robbery.

A person convicted in court of a felony becomes labeled a felon. Felonies have numerous distinctions in comparison to misdemeanors, ranging from length of penalty to statute of limits. The majority of states and the federal government categorize felonies as criminal offenses that carry a minimum sentence of beyond one year. Additionally, a felony could be punishable by death in the circumstances of the most significant criminal offenses like murder.

Different Classes Of Felonies

Normally, felonies are divided according to what is threatened: individuals or property.

Criminal Offenses From Individuals

Assault

The offer or act of directing violence with the purpose of hurting them at an individual. Assault is an overt act that makes the victim feel scared. The truth is that the victim never has to be harmed in order for an assault charge to be presses. All that needs to happen is that the individual who is being threatened needs to feel that he or she is in danger. There needs to also be a potential for perceived assault or harm. An assault becomes a felony when a person attempts to cause major injury to another or a lethal tool is used as part of the assault.

Criminal Battery

Battery is defined as the use of force from yet another person producing damaging and illegal contact. Battery is different than assault because with assault, contact is not needed.

Domestic Violence

This is when one member of a home abuses an another. Domestic violence has several forms from direct physical aggression to sexual abuse, emotional abuse and stalking. Traditionally domestic violence has the stigma of between spouses, it can be applied to anyone living in the same house.

Drug-Related Criminal Offenses

Whether or not a drug criminal offense is categorized as a felony, depends on the amount of the drugs an individual has and exactly what they intend to do with it. Furthermore, possession of even more powerful drugs, like cocaine, may result in a felony charges, even if it’s a small quantity. Possession is not regulated to exactly what is discovered on the individual. It can feature exactly what’s uncovered in a location that the person owns, such as their home. Individuals can be charged with drug trafficking when large amounts of uncontrolled substances (drugs) are found on their person, property or motor vehicle, as it can be assumed that just by the possession of the large amounts of drugs, that, they intend to distribute them. Additional penalties and charges are applicable if the are in a school zone, which is within 1,000 feet of any school in New Jersey.

DUI/DWI

If you have been arrested and charged with DUI/DWI, then you are being charged for driving while under the influence of alcohol or of controlled substances.

DUI can be charged as a felony depending on the regularity of the offense and if anybody else was injured while it took place. It can additionally be applied to objects other than automobiles. Motorcycles, boats, also snowmobiles can be categorized as vehicles in some states.

Kidnapping

This felony takes place when one individual takes an additional against their will or forces them to stay someplace against their will by having ill-willed intents. It occurs in the film sense, where an individual is snatched for a ransom, however it even happens when a kid is held by a parent without custodial rights to the child.

Manslaughter

There are 2 forms of manslaughter, involuntary and voluntary. Involuntary manslaughter occurs when someone is inadvertently killed because of carelessness (no intent to kill), like when driving under the influence creates one more person’s fatality. Voluntary manslaughter is the killing of one more person following a heated interaction which induced an otherwise acceptable individual to turn into emotionally or mentally distraught. The timing is also essential. In order to certify as voluntary manslaughter, the violence must happen within a time frame that coincides with the original heated interaction.

Murder (1st and 2nd degree)

First degree murder is the intentional killing of yet another person after arranging to do so. This type of murder intentional killing is called premeditated.

Murder or (2nd degree murder) is not premeditated, in other words there was no planning to commit murder prior to the committing of the act. The act of murder which is not premeditated can also happen through linked criminal offenses such as armed robbery, arson rape and others.

Rape

The felonies act of a person forcing another into a non consensual sex act where there is penetration of the victim.

Robbery

This is when an individual takes at force property of another individual. The force itself can be implied and does not need to be physical. Typically, those charged with robbery have used a weapon while committing robbery such as a knife, gun etc..

Arson

This is the criminal offense of voluntarily setting a fire to a building or another form of property for an unlawful reason. As an example, burning down a building for the insurance money it is insured against. The setting of wild fires or forest fires is also included in this criminal activity.

Burglary

This is where one individual unlawfully enters a building and he or she has intent to carry out a criminal offense. The criminal act of burglary is a far more serious crime than theft, this is especially true, when accused enters an inhabited building.

Fraud

Among all fraud, the most serious is felony fraud. Most cases of fraud involve a valuable resources or large sums of cash and a governmental agency. Insurance fraud is an example of a felony.

Theft

When an individual unlawfully takes property from another individual with the intention of not returning it, the individual can be charged with theft. Theft compared to robbery is usually not seen as severely as there is no weapon used, where harm is implied toward other individuals. The New Jersey courts look to the value of the property that was stolen to determine whether misdemeanor or felony charges apply when charging an individual with theft charges.

Vandalism Committed On Federal Property

The crime of vandalism committed on federal property, is the wanton disfigurement or destruction of historic sites, federal parks, federal landmarks, national forests, federal land and military property.

Felony Degrees

Classifications differ by state. Some states make use of numeric degrees to represent classifications (as an example: capital, life, 1st qualification, 2nd degree, 3rd level, or class 1, 2, etc). Others use an ascending notice system (class A, B, etc.)

Extended Effects

When convicted of a felony in the US, there can be extended concerns following the serving of a prison sentence. Some instances:

Deportation if the criminal is not an occupant
Loss of voting rights
You are barred for purchasing and or possessing firearms, body armor or ammunition
Ineligibility to run for public office
Ineligibility to serve on a jury
Exclusion from obtaining particular licenses

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