Criminal Procedure FAQ
The basics of criminal law: presumption of innocence, felonies, misdemeanors, and jury trials.
» What's the difference between a felony and a misdemeanor?
What is the "presumption of innocence"?
How can I tell from reading a criminal statute whether I'm guilty of the crime it defines?
What standard is used in criminal trials to prove a defendant is guilty?
If I'm accused of a crime, am I guaranteed a trial by a jury?
Why would an innocent defendant choose not to testify?
What happens if a defendant is judged "incompetent to stand trial"?
What's the difference between a felony and a misdemeanor?
Most states break their crimes into two major groups: felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor.
In some states, certain crimes are known as "wobblers," which means that the prosecutor may charge the crime as either a misdemeanor or a felony.
Behaviors punishable only by fine are usually not considered crimes at all, but infractions -- for example, traffic tickets. But legislatures sometimes label a behavior punishable only by fine as a misdemeanor -- such as possession of less than an ounce of marijuana for personal use in California.
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