Instead, you should work with New Jersey litigation lawyers to prepare a defense that has the best chance of helping you to retain your personal freedom. One thing that will affect how you prepare your defense is the class of crime of which you are charged. Different classifications mean different penalties, so you and your defense team should tailor your trial preparation and defense presentation to fit the class of crime you have been charged with. A crime’s class is based on the seriousness of the offense and other circumstances.
Infractions
Infractions are minor offenses that usually violate a local law or ordinance. Instead of having a criminal trial for infractions, they are usually considered to be civil offenses and are punished by administrative penalties such as fines or the loss of a privilege. You may not need an attorney for a minor infraction, but it’s a good idea to consult New Jersey litigation lawyers to make sure the case is not more complicated than it seems.
Lesser Included Offenses
A lesser included offense is a crime that has all of the elements that make up a more serious crime. For example, battery is a lesser included offense of murder because all of the same elements must be proved in both crimes. If you have been charged with a crime, you cannot be convicted of both the major crime and the lesser included offense. However, juries are able to find a defendant guilty of a lesser included offense instead of the major crime. In murder cases, the judge presiding over a case is required to inform the jury that the defendant can be found guilty of a lesser included offense. If a defendant is convicted of a lesser included offense, but not a major offense, there can be no retrial for the major offense. New Jersey litigation lawyers can counsel you and help you determine how to handle a case involving a lesser included offense.
Misdemeanors
Misdemeanors are more serious than infractions but not as serious as felonies. A misdemeanor crime would be something like writing a bad check or vandalizing public or private property. Misdemeanors are usually only punishable by up to one year of jail time, which is usually served in local jails instead of state prisons. You may also be sentenced to probation or community service for a misdemeanor. New Jersey litigation lawyers can help you prepare the best defense for your case.
Felonies
Felonies are the crimes that are considered the most heinous and are usually characterized by carrying a penalty of more than one year of jail time. The death penalty may also be applied for extreme felony cases. Felonies can include homicide, rape, and drug sales. If you have been convicted of a felony, you can lose the right to vote and to hold certain professional licenses. New Jersey litigation lawyers can counsel you on the best course of action to take if you have been charged with a felony.