Both have different degrees of crime, whether in the state or federal criminal justice system. Felony is the most striking among them.
However, even among these severe offenses, law violations in this regard are identified in the form of infractions and misdemeanors.
Both infractions and misdemeanors generally involve violating different rules of law and result in different types of punishments.
However, sometimes as a layman, you might even often confuse among the two. In this article, we’re going to help you understand the differences and what kinds of punishment you can get with these.
What is Infraction?
Infractions lack severity, unlike misdemeanors. They are generally confined to only paying a fine and not even getting punished by incarceration.
Some jurisdictions don’t even consider infractions as a criminal offense. These don’t even go to your criminal record or even appear in your existing one. They are just mere customary violations of your local ordinances which sometimes even include minor traffic offenses. Some common misdemeanors are:
- Receiving speeding tickets.
- Tailgating.
- Parking and noise violations.
- Failing to yield to a pedestrian.
- Equipment violations.
- Leash law violation.
- Fishing without a license.
- Not using a turn signal when required.
- Zoning or housing violations.
What is Misdemeanor?
A misdemeanor is a criminal offense where it not only comes with fines but also comes with jail time as well. However, in cases of misdemeanors, incarceration does not generally last for more than one year.
On the contrary to its infraction counterparts, the fines of misdemeanors are much lower than those of infractions. Misdemeanor fines generally vary from state to state, but they can maximum be in the range of a thousand dollars.
A misdemeanor being a criminal violation will appear in your criminal records. These can always be resolved in court. However, this doesn’t necessarily mean one must appear in court. In that case, you can hire an attorney to represent you.
Here are some examples of misdemeanors. They are:
- Drug violations or possessing drugs.
- Traffic violations while moving.
- Driving without insurance or using a suspended or revoked license.
- Petty thefts.
- Simple assault.
- Animal cruelty.
- Trespassing.
- Disorderly conduct.
- Minor domestic violence or even abuse.
Comparative Analysis Between Infractions and Misdemeanors
Infractions and misdemeanors define the gravity of an offense and subsequently talk about the parties who are involved in these offenses. Let’s do a comparative analysis based on the differences between the two:
Court
Suppose you’re facing a misdemeanor charge, then you have the right to appear in court. You can even hire a law firm or an individual attorney who will appear on your behalf and briefly represent you in court.
Sometimes, by exception, you might have to appear in court for both misdemeanors and even infractions. However, in most cases, you might not have to appear in court. In cases of infractions, you usually get a ticket, and that ticket talks about where you can render your fine. If later you want to contest the ticket, then you might even have to appear in court.
For instance, you have received a traffic ticket for tailgating, however, you don’t believe that you were tailgating and hence you contest the claim. In that case, you can show your car camera as proof and present proper evidence before the judge.
Fines
A punishment for an infraction is generally dependent on the cost of fines. These fines often range up to a few hundred dollars and no more.
However, the concept of fine differs from county or local ordinances. Some of these even incur additional fines because of their nature of severity. For example, in some cases of minor traffic violations, if you fail to make the payment on time, then such interest and additional fines can even result in a much higher fee.
Jail
You might be wondering if that is an infraction way worse than a misdemeanor or not. However, typically in the case of a misdemeanor, you might even have to face jail time or probation. On the other hand, for an infraction, they’re mostly reserved for minor violations that won’t lead to jail time.
Licenses and Jobs
Sometimes your licenses can even get revoked for misdemeanors. First-time DUIs would result in such and also incur sometime in the county jail. You might even have to appear before the judge.
However, if you appoint a good criminal defense attorney for yourself, it will ease up your task. Sometimes, you might even incur lesser charges with the local vehicular code that got dropped in exchange for probation, paying fines, and even community service.
However, in case of a misdemeanor or even a gross misdemeanor, your charges might even result in a mark on your permanent record. Generally, it stays in for a few years, but in some states, you can even pursue legal options to remove it.
Probationary Period
Another vast difference between an infraction and a misdemeanor is the probationary period that comes with it. For instance, suppose you’re charged with petty theft, the consultation firm might require you to tell whether it falls under a misdemeanor or infraction. Stealing a candy bar can be an infraction. However, if you’re stealing cash from the register, that’s a misdemeanor.
Therefore, the charges of misdemeanor often result in a probationary period. The probationary period can even come after your jail time which can last up to 3 years.
What are Wobbler Offenses?
A wobbler offense is also known as an alternate felony or misdemeanor. It’s neither as severe as a felony nor as minute as a misdemeanor. It’s actually both.
Usually, it falls upon the prosecutor to decide whether it’s going to be a felony or a misdemeanor. In some cases, as well the judges finally decide how to punish someone for even a wobbler offense.
Additionally, if the defendant is convicted of a felony in Wobbler, they can even choose to file a petition based on the petition to reduce the conviction to a misdemeanor from that of a felony.
Under the California Penal Code, there are more than hundreds of crimes that even qualify as wobblers. Crimes based on sexual assault, domestic violence, and fraud are known as wobblers in California.
Class Types of Misdemeanors
Misdemeanors, like felonies, fall under several classes, that determine the gravity of the crime. Let’s see what they are:
Class A1 Misdemeanors
These misdemeanors generally talk about aggravated assaults. Class A1 misdemeanors are just a level below felony offenses.
The maximum possible punishment given for class A1 misdemeanors is 150 days (about 5 months) in jail. Some of the common class A1 misdemeanors are any kind of assault, sexual battery, and death by motor vehicles.
Class 1 Misdemeanors
One of the maximum potentials of Class 1 misdemeanors is only 120 days (about 4 months) in jail. Class 1 misdemeanors include forgery, larceny, false imprisonment, domestic criminal trespass, and others.
Class 2 Misdemeanors
Class 2 misdemeanors generally put you 60 days (about 2 months) in jail. Under this, disorderly conduct, indecent exposure, first-degree trespass, and simple assault are considered class 2 misdemeanors.
Class 3 Misdemeanors
Possession of marijuana, second-degree trespass, and being disruptive in public are identified as class 3 misdemeanors. In these cases, you might just face a fine if you have any fewer than 4 prior convictions. The potential punishment for a class 3 misdemeanor is 20 days in jail which only applies to defendants with more than 5 prior convictions.
How Can You Resolve a Misdemeanor?
The way a misdemeanor is handled is different in different states. In some states, your attorney will negotiate the terms of the misdemeanor and discharge them even before going to trial. Your attorney can easily dismiss the case if you have a good record with strong potential defenses.
On the other hand, if you don’t possess a good record and your attorney cannot uphold any sort of strong defense for you, then in that case, you might need to appear in court. Based on that you might have to either give some fine, get some jail time or you even might have to do some sort of community service.
The charges of misdemeanors range up to $433 in total. In cases of common deferrals of misdemeanors like drug or alcohol use can even border to between ten to seventy-five hours of community service.
Do You Need an Attorney to Expunge Your Misdemeanor?
As a matter of fact, yes, you need an attorney to expunge your record of a misdemeanor. There is specific legal jargon that you can’t even fathom to understand. Therefore, in that case, you’ll need an attorney to help you with that.
Besides, your attorney would help you to safeguard your rights and uphold them properly in a court of law. Sometimes as a client, you even have to make a proper decision about whether you should go for a trial or just settle with a negotiation. In that case, an attorney helps you go a long way.
Final Thoughts…
That’s a wrap! That’s all you have to know about the differences between a misdemeanor and an infraction. Let us know if we have missed out on anything. We hope this blog was informative and helpful.
Read More…
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An All-Inclusive Guide To Felony Vs Misdemeanor
Second-Degree Felony Charges and Penalties in Texas
