In general crimes are divided into misdemeanors, traffic violations, and felonies. Misdemeanors are usually minor crimes such as jaywalking or theft of low-value items. Traffic violations can be misdemeanors or felonies but also include breaches of the traffic code such as failing to yield or speeding. Felonies are a more serious offense, with felony classifications either ranging from class A, B, and C, or Level 1-5 depending on the state and severity of the crime.
Different factors can be used to determine how severe the punishment of a crime will be. In general, courts will follow the sentencing guidelines established by the state, the federal government, or preexisting precedent. Factors that affect the guidelines include severity of the crime, criminal history, and whether the crime was intentional or impulsive.
In some cases, such as with theft or vandalism, the property value of the assets stolen or destroyed can enhance the severity of the crime. In other cases, evidence of preplanning or use of a weapon can increase the sentence given.
Aggravating factors will make a sentence more severe, usually increasing the length of potential jail time or fines. Mitigating factors serve to reduce the sentence handed down due to extenuating circumstances.
Yes. Any aggravation such as the use of a weapon or proof of premeditation will result in a higher guideline score that will recommend a more severe sentence.
Once an appeal has been granted, the individual must state a grounds for the appeal. Grounds for an appeal include claiming legal error, ineffectiveness of counsel, or juror misconduct. At least one of these claims must be proven before the results of a case can have its sentence reduced or dismissed.
