How Crimes Are Classified: Felony, Misdemeanor, or Infraction?

Criminal law generally involves government action and punishment for violation of criminal laws including prison and fines. Civil law generally involves individual people suing each other for money or rights.

Introduction

Classification is a critical part of the criminal justice process. The classification of a crime determines what direction the stages of the criminal justice process will take. For instance, a crime’s classification impacts pretrial release (bail and bond), diversion, sentencing, and parole outcomes. Classification even impacts what court will oversee proceedings, and what jail or prison a defendant may be sent to. Thus, classification has a domino effect. Read on to learn more about how crimes are classified.

Common Law Origins

The modern system for classifying crimes is not entirely new. Indeed, classification dates back hundreds of years to the common law. Common law originates from England, materializing in U.S. law through the American colonies. Common law classified crimes more narrowly than we do today. At common law, there were only three categories of crime: treasons, felonies, and misdemeanors. Modern law expanded crime classification—using courts and statutes—to recognize nuance.

Grading of Crimes

The primary way that crimes are classified is through grading. Grading refers to organizing crimes by their offense level. Offense levels are based on the severity of the crime. Crimes are graded as follows, from highest to lowest offense level:

• Felonies

  • Ex. murder, rape, first degree burglary

• Misdemeanors

  • Ex. petty theft, trespass, assault

• Infractions

  • Ex. minor traffic offenses, littering, parking violation

In California, some crimes are wobblers. Wobbler crimes can be charged as felony or misdemeanor, depending on the circumstances of the case. For example, a simple assault could be charged as a misdemeanor. However, circumstances may elevate the offense level to a felony—such as if a deadly weapon was brandished. Overall, wobblers exemplify how modern law has expanded from common law. 

Categories of Crimes

At both common law and modern law, felonies and misdemeanors can be further categorized into types of crimes. The types of crimes include crimes against the person, property, and inchoate crimes. Examples of each include:

Crimes Against Persons	Ex. Homicide, battery, assault, false imprisonment, kidnapping, rape, robbery
Crimes Against Property	Ex. Theft, embezzlement, fraud, extortion, blackmail, bribery,  receiving stolen property, arson, burglary, robbery
Inchoate Crimes	Ex. Attempt, conspiracy, solicitation

You may notice that there is some overlap between categories. For example, robbery can be both a crime against a person and a crime against property, as it involves the use or threat of violence against a person in order to take property.  Similarly, burglary can impact a home (habitation) or general property. Other circumstances of a burglary—such as if it also caused harm to people—may cause it to expand to a crime against persons too.

Moral or Legal Crimes

Also stemming from common law are the principles of malum in se and malum prohibitum. Malum in se crimes are accepted as inherently evil or wrong by most cultures (such as  murder). On the other hand, malum prohibitum is an act that is determined wrong by the law. For instance, driving at 25 miles per hour may not be inherently evil—but it is determined wrong if it exceeds a given speed limit. Since the act is prohibited by law, it is malum prohibitum. 

Moral turpitude is a concept closely related to malum in se (inherently evil or wrong) crimes. Moral turpitude means committing an act that is immoral, depraved, or against justice. Being found guilty of a moral turpitude crime can impact immigration, licensing, and employment. Examples are crimes involving violence (murder), deceit (fraud), and more.

Conclusion

When we are examining potential punishment related to a crime, it is important to determine whether the crime is a felony, misdemeanor, or infraction. This distinction will indicate not only the level of punishment, but it may also impact the criminal procedure rights, including the right to a jury trial or the right to appointed counsel depending upon the classification.  Should you have any questions, don’t hesitate to reach out.is unique and there is always more to learn.