California defines a "Crime" or "Public Offense" as an act committed or omitted in violation of a law forbidding or commanding it which can be punished upon conviction with either death, imprisonment, fine, removal from office or disqualification to hold any office of honor, trust or profit in California. In California, there are three different types of crimes:
- Infractions,
- Misdemeanors, and
- Felonies.
An infraction is not a crime and is not punishable by imprisonment. In other words, any person convicted of an infraction may only be punished by a fine, removal and/or disqualification from public office. Typically, most infractions are punished with a fine only. Examples of infractions in California are traffic violation such as exceeding the posted speed limit, etc.
A misdemeanor is a crime punishable by imprisonment in a county or city jail or detention facility not to exceed one year. Except where the law specifies a different punishment, a misdemeanor is punishable by imprisonment in a county jail not exceeding six months and/or a fine not exceeding one thousand dollars. However, many misdemeanor offenses specifically list a punishment that exceeds the punishment listed in Penal Code section 19. For example, a misdemeanor violation of Battery on a Peace Officer is punishable by imprisonment in a county jail for up to one year and/or a two thousand dollar fine.
A felony is a more serious crime that can be punished by death or imprisonment in a state prison.A person convicted of a felony can also be granted probation instead of a prison sentence. If a person is granted probation, the court can impose many conditions on a grant of probation, including up to one year in county jail, money fines up to the maximum allowed by state law, and restitution to the victim for actual losses. In addition, the court may impose other conditions as long as the conditions are reasonably related to the defendant's crime, or to future criminality
Criminal Law Defense Lawyers in Los Angeles 661-310-7999
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