Classification of Crimes Criminal Law - the field of law that defines crimes, specifies punishment. Copyright, 2000 Charles L. Feer

Classification of Crimes Felonies Infractions Misdemeanors

Felony Punishable by Death, or Imprisonment in a state prison Typically, serving more than one year of incarceration

Infractions Punished by fine only Typically, for traffic violations

Misdemeanors Punishable by fines, and/or Jail Probation Typically, serving up to one year of incarceration

Punishments & Enhancements Prior Convictions Use of Weapons Class of Victims

Lesser Included Offenses A separate offense, with all of the elements in a greater offense that is charged. Examples: Theft in Burglary; Manslaughter in Murder; Battery in A.D.W.

Double Jeopardy Prohibits a second Punishment, or Prohibits a Second Trial for the same offense. Source: 5th Amendment to the U.S. Constitution Article I, Section 15 of the California Constitution

Nullum Crimen Sine Lege No Crime if No Statute Principle of Legality: A person cannot be punished for a crime unless, at the time the act was committed, there was a statute stating the act was unlawful. CODIFICATION The process of organizing the enacted statutes of a government into one or more codes.