There are three levels of crime. The level of the crime determines the severity of the punishment... When charged with a criminal offense the offender will fall into one of three categories. Below is a breakdown of the categories and the possible punishment:
FELONY:
Any crime punishable by:
1. Execution:
Possible only in a capital murder case.
OR:
2. State Prison:
If a defendant is not granted felony probation and is sent to state prison, the judge will select from a "Range of Penalties", which for many felonies is 16 months / 2 years / 3 years: many felonies have much greater range of penalties and some can result in a "Life Sentence".
OR:
3. Felony Probation:
Normally for 3-5 years... "Terms of Probation" are imposed, including serving up to a year is the local jail as a term of felony probation. If any of the terms are violated, the defendant is brought back into court and maybe sent to state prison.
MISDEMEANOR:
Any crime punishable by up to one year in the local county jail.
INFRACTION:
Any crime punishable by only a fine... neither jail-time nor probation is possible.
"If a person is indigent, the court will appoint the Public Defender. A person charged with a felony or a misdemeanor should always hire a lawyer, if he or she can afford one."
