AGENDA Felonies v. misdemeanors

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Presentation transcript:

AGENDA Felonies v. misdemeanors Lawyers – when do you need one? What can they do?

BUT FIRST… Pop quiz 

EXAMPLES? FELONY V. MISDEMEANOR FELONY MISDEMEANOR Committing a major crime resulting in a harsh punishment (imprisonment for longer than one year) Committing a minor crime resulting in a weaker punishment (fine, community service, short jail term) EXAMPLES?

FELONY V. MISDEMEANOR FELONY MISDEMEANOR Murder, robbery, grand theft, aggravated assault, child pornography, vehicular homicide, repeated DUI/DWIs, tax evasion Shoplifting, petty theft, vandalism, disorderly conduct, drug possession (1st time), simple assault (verbal threats) Felonies result in a complete loss of 2nd amendment rights. 3 strike law in CO

MISDEMEANORS Class A:  Fines of up to $5,000, and/or a jail sentence of up to 12 months Ex: DWI, DUI Class B:  Fines up to $1,000, and/or a jail sentence of 6-9 months Ex: prostitution, cruelty to animals Class C:  Fines up to $1,000 and/or a jail sentence of up to 3 months Ex: theft under $50, PI Class D:  Fines up to $500 and/or a jail sentence of up to 30 days Ex: PI, disorderly conduct, trespass, vandalism *many states do not assign jail time for Class 3 or 4 misdemeanors. *repeat offenses can result in higher penalties for the same type of misdemeanor.

FELONIES Class A: the most serious and can earn you life without parole or any other period of time. They may also be eligible for the death penalty. Ex: murder Class B, C, D: maximum prison terms from six years to 25 years. Ex: drug crimes, manslaughter Class E: carry penalties of up to three years in prison. Ex: violent assaults, habitual DWIs Manslaughter – murder that occurs in the heat of passion

SPEAKING OF BRINGING PEOPLE TO COURT… Read the following sections: When do you need a lawyer? p 64 Exercise 6.1 Justify your yes or no – use the bullet-pointed list on p 64 Working with your lawyer - p 69-71 Exercise 6.4 Explain your answers

Answers to 6.4 A. Canon 9 B. Canon 6, 9, and 4, BUT, he acted unethically because he told his client to perjure (lie on the stand C. Yes, acted ethically, because 1, 2, and 8. But, he may have violated Canon 9. If the son is not deserving, he violated 1, 3, and 8. D. If she was authorized, yes, Canon 5. If she was not, no – violated 6 and 7. E. Nang violated Canon 1 and 9.