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Classification of Crimes
Criminal Law - the field of law that defines crimes, specifies punishment. Copyright, 2000 Charles L. Feer
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Classification of Crimes
Felonies Infractions Misdemeanors
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Felony Punishable by Death, or Imprisonment in a state prison
Typically, serving more than one year of incarceration
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Infractions Punished by fine only Typically, for traffic violations
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Misdemeanors Punishable by fines, and/or Jail Probation
Typically, serving up to one year of incarceration
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Punishments & Enhancements
Prior Convictions Use of Weapons Class of Victims
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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.
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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
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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.
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