Criminal Law: The Difference Between Felonies and Misdemeanors and the Resulting Penalties
There is often some confusion about legal terminology. If you do not deal with the law on a regular basis, you may not be familiar with the legal definitions that may affect you in your daily life.
Criminal law is any legal issues dealing with crimes and the punishments and procedures connected with it. It can include many different types of crimes such as the ones mentioned below.
- Arson
- Assault
- Battery
- Burglary
- Child Abuse
- DUI
- Fraud
- Homicide
- Identity Theft
- Murder
Of course, this is not an extensive list of all of the crimes that one can commit. But it includes a great number of them. There are also differences in severity among the various types of crimes. For example, arson can carry a felony charge or a misdemeanor charge depending on the situation and the state in which it occurred.
Arson in New Jersey
In New Jersey, arson is considered a felony in all cases, but it can be a fourth-degree arson charge which carries a lighter sentence (up to 18 months in jail) if convicted. There are other levels of arson from third-degree up to first-degree with first-degree arson carrying the highest penalty. First-degree arson in New Jersey is considered an act of setting a fire as a “pay per hire” situation where it was planned or premeditated, and money was paid to do the deed. You can get up to 15 years in jail for this serious offense.
Computer Crimes in New Jersey
Computer crimes cover a wide gamut of both misdemeanors and felonies which can carry stiff sentences or fines. Many transactions (both legal and illegal) occur over the internet daily, so it is imperative that you know the laws in your state. For one copyright infringement case, for example, you could pay a fine of up to $250,000 per incident and face a jail term of 10 years or more.
For lesser crimes like hacking into someone else’s account or committing online fraud, you could be seeing a jail term of at least 3-5 years in prison if convicted or face fines of $500 or more for a first offense. Some computer crimes carry a lengthy sentence for crimes such as destroying a database, identity theft, or fiduciary crimes in which fraud was carried out.
Criminal Law in New Jersey
Criminal law covers a vast array of crimes and punishments including so-called “white collar crimes” like embezzlement, wire fraud, and other similar crimes. If you are accused of a crime, it is important to seek legal action, preferably before there is an arrest or charge.
Felony and misdemeanor defined
When it comes to the definitions involving these two categories of crimes, a felony is defined as any crime that is classified as a “mala in se crime,” Latin for a “true crime” that often involves physical violence or perpetrating intentional harm on others. The result of a felony conviction is usually a jail term of at least one year. Felons usually serve their time in a state or federal prison rather than a local city or county jail. (Legalmatch.com)
Misdemeanors are not considered “true crimes,” and they tend to be lesser offenses that involve things like speeding violations, failure to pay taxes on time, and crimes which may or may not be intentional. The intent is almost always required in a felony crime, but not so of a misdemeanor.
Fines for Felonies and Misdemeanors
Felonies almost always carry a larger fine of $1,000 or more for each offense, while misdemeanors carry a fee that is usually not more than $500, though there can be exceptions. Sometimes the same crime can be viewed as either a felony or a misdemeanor, depending on the circumstances. For example, a DUI may be classified as a misdemeanor if it is the first offense. On a second offense or if there are other circumstances such as having young children in the car with you at the time, your crime may be upgraded to a felony charge.
Whatever the case and whatever the circumstances, if you have been charged with a crime of any kind, you should contact a criminal defense attorney immediately at DTS Law Firm.
DTS Law Firm is owned and managed by a seasoned criminal defense attorney, David T. Schlendorf. DTS Law Firm is located in Toms River, New Jersey. He and Ioana Enescu have been serving clients in the state of New Jersey for many years, and they are ready and able to handle any case that you need help with.
The Importance of Taking Action
The important thing is to act fast when you know you could be charged with a crime, no matter how serious it is. The truth is sometimes it seems minor, but it can escalate into a more serious charge if the DA makes a case for higher crime.
An experienced attorney can look at the facts of your case and build a legal strategy based on the facts and align the evidence so that you have an adequate defense if the case goes to court.
In some cases, your attorney can even get your case dismissed. This is to your benefit if they can do this because it means you do not have to defend yourself in court. It is the goal of most attorneys to have your case dismissed to avoid it having to go through the process of a court battle.
If you need legal advice whether it is a felony or misdemeanor you are charged with, contact David or Ionana at DTS Law Firm. We can help you brainstorm a strategy that will help you defend yourself. You can avoid large fees, penalties, and even jail time with a strong defense team on your side.
Don’t wait. Contact us today using our easy online contact form and one of us will get back to you soon!
When your freedom is at stake, you need the best representation possible. Visit us today at DTS Law Firm for more information.