The timely resolution of criminal charges calls for an attorney who has experience defending clients and is dedicated to providing personal service. Contact our firm today to schedule a consultation and case evaluation with a criminal defense attorney.
Learn More About Criminal Defense
If you are facing criminal charges it is important to know your rights. At Limmer & Associates, we know your rights and we know how to protect them against a wide range of criminal charges. Our attorneys have extensive experience handling complex criminal cases in state and federal courts throughout New York.
Below, we have provided some general information that you may find useful as you explore your legal options. For more information about your specific situation, please contact us today online or by telephone at 888-870-8722 to speak with a knowledgeable defense lawyer.
To learn more about how we can help you, please visit our criminal defense practice page.
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At Limmer & Associates, we represent clients throughout Nassau County and the New York City metropolitan area in a wide range of criminal defense matters. If you are facing criminal charges or have found out that you are the subject of a criminal investigation, we are here to stand up for your rights.
In a criminal trial, an attorney's courtroom experience can be the difference between a successful result and a conviction. Our criminal lawyers have tried numerous defense cases in state and federal courts and have a proven track record of success winning favorable results for our clients. Additionally, our experience working for the prosecution gives us valuable perspective which helps our clients.
Classifications of Crimes
Because the negative behavior regulated by the criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. The actual classification of a particular offense varies depending on the jurisdiction. If you are questioned about a crime or are accused of or arrested for a crime, you should consult an experienced attorney as early in the process as possible. A criminal defense lawyer from Limmer & Associates, PLLC in Mineola, New York, can explain the particular crime involved and its possible ramifications.
Felonies
Under federal criminal law and the laws of about half of the states, a felony is a crime that is punishable by imprisonment of more than one year. Other states define a felony as a crime that is punishable by death or a prison sentence served in a state penitentiary. Generally speaking, the most serious crimes, such as those that are either particularly heinous, involve dangerous weapons or threaten relatively high amounts of financial damage or harm to property, are classified as felonies.
- Examples of felonies include murder, treason, rape, arson, burglary and kidnapping.
- For federal felonies, defendants have the right to be charged only by a grand jury. This right varies for state felonies.
- Because of the seriousness of the offense and the punishment, maximum safeguards for the defendant's rights are built into the prosecution and court procedures.
- Indigent defendants who cannot afford to hire lawyers and are facing felony charges have the right to free state-appointed criminal defense attorneys.
- In addition to social stigma, long-term consequences may include the loss of the right to vote; ineligibility for elected office or professional licenses; restrictions on the right to possess weapons; ineligibility for housing, public benefits, educational benefits or certain jobs; immigration problems; loss of the right to serve as a juror; negative impact on parental rights or divorce proceedings; or the requirement to register with certain criminal registries.
- Persons accused of felonies have the right to jury trials.
A limited number of crimes, such as murder, can be punished by the death penalty. These crimes are often referred to as capital offenses.
Misdemeanors
Under federal criminal law and the criminal laws in about half of the states, a misdemeanor is a crime for which the maximum possible punishment is incarceration for one year or less. In other states, a misdemeanor is defined as a crime punishable only by fine or by incarceration in a jail. Some states have different classes of misdemeanors, for example, "petty offenses" that are punishable by six months or less in jail and "simple" or "minor" misdemeanors that have a maximum punishment of 90 days in jail.
Generally, misdemeanors are crimes that are less violent or involve lower levels of harm than felonies do. The legal procedures for misdemeanors are usually simpler than for felonies, the penalties less severe and the long-term consequences less harsh.
- Penalties typically include fines, property forfeitures or incarceration in a jail for one year or less.
- There is no federal right to a grand jury for a misdemeanor, and state grand jury rights for misdemeanors vary.
- Court procedures may be more relaxed than those for felonies.
- Indigent defendants are generally only eligible for free state-appointed legal counsel when the misdemeanor charges can result in imprisonment upon conviction.
- Long-term consequences are normally less severe than those of felonies, although some of the felony consequences listed above may still apply to misdemeanors, depending on the jurisdiction. However, those convicted of misdemeanors generally retain the right to vote.
- Generally, if the potential punishment is imprisonment for less than six months, there is no right to a jury trial.
Minor Offenses
The least severe infractions are minor traffic offenses and the like. The terminology varies by state, but common terms for these offenses include petty offenses, infractions or violations of local law. Often the only penalty is a fine and sometimes the infraction may not even be considered a crime. Violations of local ordinances may be punishable by a fine or a short period of incarceration (maximum length of 90 days).
Conclusion
It is important to keep in mind that crime classifications vary by jurisdiction and that this article provides general information. To understand the details of a criminal charge in your jurisdiction, talk to an attorney from Limmer & Associates, PLLC in Mineola, New York, who can explain the potential punishment and ramifications.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
