Santa Rosa is a beautiful place for people to visit and reside in. Surrounded by nature, great educational institutes, business opportunities, and a beautiful community, the city is a place that most would wish to live in. However, being accused of a crime in this city is no piece of cake; people need to know the law well in order to navigate through its intricacies.
To understand the legal system of Santa Rosa, California, one must understand the criminal offenses and how they are classified. The legal procedures, potential penalties, and long-term consequences are decided after the severity of the crime is considered. Most states in the USA categorize criminal offenses under two major umbrellas: misdemeanors and felonies.
Depending on the nature of the crime, these categories even dictate the type of legal counsel one might need to seek. This also varies from state to state. In California, experienced criminal attorneys in Santa Rosa handle misdemeanors and felonies.
So, how does the classification of criminal offenses work? This article discusses the key differences between misdemeanors and felonies. It also covers the type of potential penalties one might face.
MISDEMEANORS
- NATURE OF MISDEMEANORS: Misdemeanors are less serious crimes. Crimes like petty theft, simple battery, or a first-time DUI can be considered misdemeanors. Misdemeanors are non-violent criminal offenses.
- POTENTIAL PENALTIES: Misdemeanor penalties include fines, probation, and a short period of prison time. If there are other significant factors in the case, the case can become a felony. For instance, if a first-time DUI leads to the serious injury or demise of someone, it can be charged as a felony.
- EFFECT OF MISDEMEANORS: You may or may not have a permanent criminal record. If you do get a criminal record, it is less damaging to one’s reputation as compared to a felony criminal record. Nevertheless, the record will still affect aspects of your life.
- SENTENCING DECISIONS: Misdemeanors are typically handled in lower courts. The legal procedures are less complex. In California, courts use statutory guidelines to decide a sentence. California courts also base their statute of limitations on the severity and nature of the crime.
FELONIES
- NATURE OF FELONY CRIMES: Felony crimes are very serious in nature. Felony crimes are more violent, like robbery, kidnapping, and murder. The legal proceedings are more complex and require trials in the superior courts. Courts may hold preliminary hearings to determine probable cause.
- POTENTIAL PENALTIES: Penalties for felonies are harsher, given the nature of the crimes. Potential penalties for felonies look like long-term prison time, formal probation, significant fines, and restitution. Some states in the USA still have capital punishment for certain felonies like murder.
- EFFECT OF A FELONY CONVICTION: A felony conviction can seriously hinder one’s life. It becomes a permanent record and can restrain individuals from jobs, obtaining loans, renting apartments, and more. Felonies have long-term consequences.
- SENTENCING DECISIONS: Despite all felonies being violent criminal offenses, California courts choose their sentencing on a case-by-case basis. They follow statutory sentencing guidelines. California has the ‘Three Strikes Law’, which dictates that the sentence doubles if the accused commits a second felony offense.
At least 80% of the sentence has to be served before the individual can be considered for release. If the first or second felony conviction does not result in a life sentence, a third felony conviction will result in a life sentence without the possibility of parole.
This is how Santa Rosa classifies their criminal offenses from misdemeanors to felonies.
