{"id":1170,"date":"2017-09-27T17:19:15","date_gmt":"2017-09-27T17:19:15","guid":{"rendered":"https:\/\/courses.lumenlearning.com\/suny-fmcc-criminallaw\/?post_type=chapter&p=1170"},"modified":"2018-11-21T14:43:48","modified_gmt":"2018-11-21T14:43:48","slug":"1-4-classification-of-crimes","status":"publish","type":"chapter","link":"https:\/\/courses.lumenlearning.com\/suny-sccc-criminallaw\/chapter\/1-4-classification-of-crimes\/","title":{"raw":"1.4 Classification of Crimes","rendered":"1.4 Classification of Crimes"},"content":{"raw":"
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Learning Objectives<\/h3>\r\n
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  1. Ascertain the basis for grading.<\/li>\r\n \t
  2. Compare malum in se and malum prohibitum crimes.<\/li>\r\n \t
  3. Compare the punishment options for felonies, misdemeanors, felony-misdemeanors, and infractions.<\/li>\r\n \t
  4. Compare jail and prison.<\/li>\r\n<\/ol>\r\n<\/div>\r\n

    Crimes can be classified in many ways. Crimes also can be grouped by subject matter. For example, a crime like assault, battery, or rape tends to injure another person\u2019s body, so it can be classified as a \u201ccrime against the person.\u201d If a crime tends to injure a person by depriving him or her of property or by damaging property, it can be classified as a \u201ccrime against property.\u201d These classifications are basically for convenience and are not imperative to the study of criminal law.<\/p>\r\n

    More important and substantive is the classification of crimes according to the severity of punishment. This is called grading<\/a><\/span>. Crimes are generally graded into four categories: felonies<\/a><\/span>, misdemeanors<\/a><\/span>, felony-misdemeanors<\/a><\/span>, and infractions<\/a><\/span>. Often the criminal intent element affects a crime\u2019s grading. Malum in se<\/a><\/span> crimes, murder, for example, are evil in their nature and are generally graded higher than malum prohibitum<\/a><\/span> crimes, which are regulatory, like a failure to pay income taxes.<\/p>\r\n\r\n

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    Felonies<\/h2>\r\n

    Felonies<\/strong> are the most serious<\/em> crimes. They are either supported by a heinous intent, like the intent to kill, or accompanied by an extremely serious result, such as loss of life, grievous injury, or destruction of property. Felonies are serious, so they are graded the highest, and all sentencing options are available. Depending on the jurisdiction and the crime, the sentence could be execution, prison<\/a><\/span> time, a fine, or alternative sentencing such as probation, rehabilitation, and home confinement. Potential consequences of a felony conviction also include the inability to vote, own a weapon, or even participate in certain careers.\u00a0\u00a0Felonies are usually punishable by prison time of greater than one year.<\/strong><\/p>\r\n\r\n<\/div>\r\n

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    Misdemeanors<\/h2>\r\n

    Misdemeanors<\/strong> are less serious<\/em> than felonies, either because the intent requirement is of a lower level or because the result is less extreme. Misdemeanors are usually punishable by jail<\/a><\/span> time of one year or less per misdemeanor<\/strong>, a fine, or alternative sentencing like probation, rehabilitation, or community service. Note that incarceration for a misdemeanor is in jail rather than prison. The difference between jail and prison is that cities and counties operate jails, and the state or federal government operates prisons, depending on the crime. The restrictive nature of the confinement also differs between jail and prison. Jails are for defendants who have committed less serious offenses, so they are generally less restrictive than prisons.<\/p>\r\n\r\n<\/div>\r\n

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    Felony-Misdemeanors<\/h2>\r\n

    Felony-misdemeanors<\/strong> are crimes that the government can prosecute and punish as either<\/em> a felony or a misdemeanor, depending on the particular circumstances accompanying the offense. The discretion whether to prosecute the crime as a felony or misdemeanor usually belongs to the judge<\/em>, but in some instances the prosecutor<\/em> can make the decision.<\/p>\r\nIf an individual under the legal age of 21 in N.Y.S. attempts to use fraudulent identification for the purpose of purchasing alcohol in a bar or store, having knowledge of it being fraudulent\u00a0and he gets arrested, he can be charged with a felony under N.Y.S. Penal Law. (<\/a>170.25 Criminal possession of a forged instrument in the second degree.<\/span><\/strong>\r\n\u00a0 A person is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.10<\/a>).\u00a0 <\/strong>\u00a0 Criminal possession of a forged instrument in the second degree is a class D felony.\u00a0 \u00a0<\/strong>Based on the decision of the District Attorney and the Judge,\u00a0the arrested party may only be charged with a violation of the N.Y.S.\u00a0Alcohol Beverage Control, section 65<\/strong>, which is a violation in N.Y.S.<\/span>\r\n\r\n \r\n\r\n<\/div>\r\n

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    Infractions<\/h2>\r\n

    Infractions<\/strong>, which can also be called violations<\/strong>, are the least serious crimes and include minor offenses such as jaywalking and motor vehicle offenses that result in a simple traffic ticket. Infractions are generally punishable by a fine or alternative sentencing such as traffic school.<\/p>\r\n\r\n

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    Figure 1.3<\/span> Diagram of Grading<\/p>\r\n\r\n<\/div>\r\n\r\n\r\n\r\n\r\n\r\n\r\n
    Most Serious\u00a0 --\u00a0 Intent<\/th>\r\n<\/td>\r\n<\/tr>\r\n
    Less Serious -- Knowledge<\/th>\r\n<\/td>\r\n<\/tr>\r\n
    Less Serious -- Reckless<\/th>\r\n<\/td>\r\n<\/tr>\r\n
    Least Serious -- Criminal Negligence<\/th>\r\n<\/td>\r\n<\/tr>\r\n<\/tbody>\r\n<\/table>\r\n
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    Key Takeaways<\/h3>\r\n