Last updated 15 days ago
In the American legal system, crimes are grouped into three categories, depending on their seriousness: felony, misdemeanor, and infraction. While certain crimes may be put into different categories in different states, the distinctions between these three levels of crime remain fairly standard around the country. Read on for more information about what sets these three types of crimes apart.
Felonies
The most serious, dangerous crimes are categorized as felonies, including rape, murder, arson, and drug cultivation or manufacturing. In some states, these offenses can even be subject to the death sentence, depending on the circumstances. To qualify as a felony, a crime must be punishable by at least one year in a state prison. In general, felonies are characterized by force or threat of force against another person.
Misdemeanors
Misdemeanors are less serious offenses, and correspondingly they are punishable by less than a year in jail or a fine. Examples of misdemeanors include most drunk driving charges, public intoxication, and simple assault. These crimes are generally not as violent as felonies. In some cases, misdemeanors can become felonies; these crimes are called “wobblers,” and their sentencing depends on aggravating factors. For example, a first-time drunk driving offense is generally a misdemeanor. However, in many states, the offense can become a felony if the driver causes injury to another person while driving under the influence, or if his or her blood alcohol level is high enough.
Infractions
Infractions are the lowest level of criminal offense, and they generally include traffic offenses, such as speeding. Punishable by a fine, these crimes do not carry any possible prison or jail time. In some states, possession of small amounts of marijuana has been downgraded from a misdemeanor to an infraction.
The criminal justice system attempts to punish each crime according to its severity, rather than meting out the same penalty for every offense. Each state has a slightly different method for categorizing crimes into one of these three types, and anyone interested in the penalties for a specific crime in his or her area should always consult his or her state’s statutes.
If you're in need a civil law attorney in the Orange County area, contact The Law Office of St. Amant and Associates. You can reach us at (866) 242-8096. Visit our website for more information.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 month ago
The American legal system is complex, so it is vital to educate yourself about it-especially Civil Law. To learn more, take a look at these websites listed below.
If you're in need of a Civil Law attorney in the Orange County area, contact The Law Office of St. Amant and Associates at (866) 242-8096. We specialize in civil litigation law, which includes disputes of private law issues between individuals, businesses, and non-profit organizations. Contact us today for more information.
Last updated 1 month ago
Divorce involves the separation of most aspects of a couple’s life, which can be complicated. Here are a few of the issues you need to be prepared for if you and your spouse are filing for divorce:
Division of Real Estate
If you own a home, you will have to decide either who will continue to live in it or how to sell it. If you have children, generally the parent who is the primary caretaker will keep the house and live with the children.
Division of Personal Property and Bank Accounts
Depending on whether you live in a community property state or an equitable distribution state, your method for dividing property and other assets may be different. Regardless, you should try to work with your spouse to find a way to divide your property that is acceptable to both of you; otherwise, a judge will do it for you, with regard only to splitting the value appropriately.
Child Custody
If you have children, you will need to put together a parenting agreement that stipulates who the children will live with, when and how often they will live with the other parent, and any other necessary arrangements regarding vacation time or special circumstances.
Child or Spousal Support
The non-custodial parent may have to pay child support to the custodial parent in order to provide for a child’s food, clothing, education, and other necessities. If you are at a significant economic disadvantage, your spouse may have to pay for your support, or vice versa.
Change in Lifestyle
After a divorce, income that once supported one household must now support two, so you will need to be prepared for some lifestyle changes to reflect this transition.
During a divorce, both financial and custodial matters must be outlined and arranged to the satisfaction of both spouses. In order to do this, it may be helpful to draw up a formal marriage settlement agreement or a parenting agreement in order to clarify any contentious issues. For an experienced divorce lawyer in the Orange County area, call The Law Office of St. Amant and Associates at (866) 242-8096
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 month ago
When starting the divorce process, you need a committed legal advocate on your side to make sure you get the settlement you deserve. Before you file for divorce, ask the following questions of your lawyer to make sure you are making the right decision.
How Experienced are You in Family Law?
Before asking anything else, evaluate your attorney’s ability to represent you in a divorce. You will need an attorney who is experienced in all aspects of the divorce process, including going to court, if necessary. Additionally, be certain that your attorney specializes in family law, as many generalists are simply not as knowledgeable. They will need to be able to get you the outcome you deserve.
What Will Be the Financial Consequences of my Divorce?
You need to be prepared for all aspects of your divorce, especially the division of assets and property. Your attorney may not be able to tell you for certain what property you can expect to lose or keep, but he or she should provide a range of reasonable outcomes.
What Child Custody Arrangements Can I Expect?
If you have children, custody will be one of your primary concerns. Your attorney can help you evaluate your spouse’s fitness for child custody and the arrangements you should try to work out with him or her. Keep in mind that these negotiations should always be about what is best for your children, not getting revenge against your spouse.
How Long Will My Divorce Take?
Depending on your financial situation and other factors, divorce may not be a quick process. Ask your lawyer how long you should expect to spend in the process of terminating your marriage, as well as what steps it will involve.
Divorce is never an easy process, but it can be more difficult if you’re not sure what to expect. Before filing for divorce, be sure to discuss with your attorney the outcome you can expect and how the process will affect your life. If you need a divorce lawyer in the Temecula area, contact The Law Office of St. Amant & Associates. We specialize in civil litigation cases and will help you get the outcome you deserve. Call us today at (866) 242-8096.
Last updated 1 month ago
Many people are familiar with the criminal justice system from watching procedural television shows. However, these shows rarely show another, equally important part of the justice system: civil litigation.
In the civil court system, a contest takes place between two parties regarding one side’s request for financial compensation or a request for the other side to perform a duty. If the complainant wins the case, the defendant must either pay a certain amount of money or perform the action demanded of them.
If you find yourself involved in civil litigation, you need the services of an experienced attorney to protect your rights and argue your case. Don’t try to represent yourself. Call The Law Office of St. Amant and Associates at (866) 242-8096 today!
