Basically, crimes are classified according to their seriousness, the greater the damage, the more serious the crime; but circumstances also influence the legal process and sentences.
For example, if these are crimes against property, the severity of a crime is proportional to the value of the property that was taken or damaged; That is, the greater the value of a property, the more serious the crime. With respect to crimes against persons, the same principle is observed. The greater the injury, the more serious the crime.
However, criminal law in the US is nuanced, and many factors affect the outcome of cases; Among them are:
- The existence or absence of criminal records.
- The crime was committed with cruelty, ill will, intention, indifference or recklessness.
- The victim was a minor, minority group, retirees, people with disabilities, etc.
- There was a high degree of violence.
- A firearm was used.
- There was harm to the general public.
Consequently, a less serious crime can become serious due to the presence of one of these additional factors. From this perspective, in the United States the following types of crimes are considered, depending on their severity:
- Infractions.
- Minor offences.
- Serious crimes or felonies.
Minor crimes
These are crimes that are less serious than felonies. They are punishable by up to one year in county jail, but not state prison.
Misdemeanor convictions can generally be resolved by paying a fine or serving probation, or both.
Typical misdemeanors are driving under the influence and drug possession.
Serious crimes
They are the most serious crimes. These are crimes that can be punished by a year or more in prison, although a skilled attorney can obtain reduced sentences.
Typical crimes include drug sales, assault with a deadly weapon, and murder.
Presentation of a case
The investigation/pre-filing stage of a case occurs when law enforcement is still investigating the case and the prosecutor has not yet decided to file criminal charges. The prosecutor's decision may be based on many factors, including the strength of the evidence, the severity of the conduct, and mitigating factors.
Post-conviction is everything that happens after your conviction. There are a variety of ways your attorney can reduce the charges you were convicted of or clear your record, often through expungement.
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Lawyer Vivian Szawarc, also an immigrant, was born in Argentina and emigrated to the United States of America at the age of 19. She has worked for the Los Angeles District Attorney's Office and has represented hundreds of clients of different nationalities.
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