How do I know if I committed a crime or an infraction in the US? Learn more here

How do I know if I committed a crime or an infraction in the US? Learn more here

If you have any criminal-defense-related questions, call us today at (619) 746-8879

In everyday language, we tend to use certain terms interchangeably, which can cause confusion. It can happen either due to ignorance or to try not to saturate conversations with difficult words for others to understand.

However, in the legal field, and especially when an acquaintance or close person is involved in a situation that requires advice, it is important to use appropriate terms and explain their meaning.

An excellent example is the interchangeable use often given to words such as crimes and infractions. To this, we add the little-known fact that, within each term, some classifications or levels determine their legal implications and penalties inside and outside the United States (USA).

Knowing the classification of crimes and infractions is essential to understand the limits between the rights and duties of people in the US. This being the basis for providing our service, we offer below simple definitions and the possibility of contacting us to clarify any doubts.

Are “crime” and “infraction” the same thing?

In certain contexts, the words “crime” and “infraction” can be used interchangeably without causing too much of a stir. However, in the legal professional environment, each has a precise meaning with specific implications. So, before we fully understand the classification of crimes in the US, it is essential to clarify this point.

Infraction

An infraction is a conduct that fails to comply with an obligation of a formal nature established in a local regulation or law. It is that action (or omission of a required action) that violates what is established in these the framework of public law but without being so serious as to be considered a crime.

The most common examples of infractions are speeding or not wearing a seatbelt while driving, failing to stop properly at a stop sign, and even improper garbage disposal.

In general, infractions warrant the imposition of a fine, although stronger actions such as closures and confiscations, among others, will depend on the case.

Crime

On the other hand, crimes are those actions or omissions sanctioned by criminal laws. In this case, the damage caused to society has such an impact that more significant sanctions are warranted. Among them, both fines and deprivation of liberty, only depending on the degree the duration and amounts will vary substantially.

Indeed, the consequences of breaking an established rule in one place, such as a store or mall, are not equivalent to breaking a valid state or national law. In case of a violation, you will not always need a lawyer, but it is better to have adequate support and advice when it comes to crimes.

Classification of crimes

Having clarified this, we can classify crimes in the US into three groups: infractions, misdemeanors, and felonies. As the terms suggest, the difference between them is defined by the seriousness of the offense and the sentence that corresponds to it.

Misdemeanors are usually driving under the influence of alcohol, drug possession, and shoplifting, among others. Although their consequences tend to be less severe, they can be very damaging in some cases, especially for people hoping to live permanently and legally in the US.

Major crimes include auto theft, kidnapping, bank robbery, extortion, hate crimes, abuse of civil rights, environmental crimes, child pornography, and illegal alien smuggling, among others. For the latter, a specific division in the Department of Justice is in charge of investigating them.

How are felonies and misdemeanors different?

We already clarified the general difference between crimes and infractions. Now it is worth distinguishing minor crimes from major crimes based on the seriousness of the crime and the corresponding sentence. Generally, misdemeanors carry penalties of less than a year in prison, for example, while felonies exceed that period.

However, the length and intensity of the sentences depend very much on the laws of the state where the offenses occur. For example, misdemeanor convictions in California may be different than in Texas.

Classification of major crimes

As we indicated previously, some subcategories group certain offenses and their penalties within the classification offered. In this section, we will talk about major crimes, which are divided into class A, class B, class C, and class D. We will explain them below.

Class A felonies

Class A felonies include the most serious misdemeanors that can occur within the framework of the American legal system. Among them are first-degree murder, first-degree kidnapping, and first-degree arson, as the most common.

The sentences that apply to these crimes, which have similar forms, also tend to be the same. Prison time is between one and 40 years, and fines can be up to $15,000.

Class B felonies

Among the Class B felonies are first-degree murder committed with a firearm, sexual assault within the framework of any type of spousal relationship, and first-degree robbery using any instrument deemed dangerous to subjugate the victim.

As you might expect, Class B felonies are less severe than Class A felonies but carry similar sentences. The latter can range from lengthy jail terms to high-value fines.

Class C felonies

Within the Class C felonies, we find serious misdemeanors such as forgery of documents (forgery committed in the first degree), interference or breach of child custody statutes, bribery (stealing by applying extortion and deceiving the victims), and manipulation for criminal purposes. Sentences range from 5 to 10 years in prison and fines between $1,000 and $10,000.

Class D felonies

Class D felonies are the last ones in this classification and are the lightest. Here we will find offenses such as carrying weapons without the documentation authorizing it, improperly using firearms within the United States, and failure to pay bail when appropriate, among others. In these cases, the sentences include 1 to 5 years in prison and/or fines of around $5,000.

Do you think you have committed a crime and need a lawyer? Contact Us

It is important to note that the information presented in this article covers the most common points and situations within the framework of federal laws that apply throughout the United States. However, each state may have different classifications, terminologies, and sentencing ranges based on their laws.

Whatever the case, understanding what is a crime and what is an infraction is vital to knowing how to defend yourself. Even more so if the objective is to obtain legal status in the US or if a criminal record is expected to be expunged to achieve it.

That’s what Kannan Law is here for. We are known for our extensive experience in immigration and the legalization of aliens in the US. However, our service is much broader and includes criminal defense. Need help? Contact us, raise your case, and we will advise you.