Gbolahan Samuel Moronfolu
The Main Classifications of Criminal Offenses
There are three primary classifications of criminal offenses—felonies, misdemeanors, and infractions.
Each classification is distinguished by the seriousness of an offense and the amount of punishment for which someone convicted of the crime can receive.
Criminal offenses are further classified as property crimes or personal crimes.
Elected officials on the federal, state, and local levels pass laws that establish which behaviors constitute a crime and what the punishment will be for someone who is found guilty of those crimes.
What is a Felony?
Felony Is any offence declared by the existing law to be a felony or is punishable without proof of previous conviction with death or with imprisonment for three years or more e.g Murder, Stealing, Manslaughter, Burglary, House breaking etc.
Felonies are the most serious classification of crimes, punishable by incarceration of more than a year in prison and, in some cases, capital punishment or life imprisonment.
Both property crimes and personal crimes can be felonies. Murder, rape, and kidnapping are felony. Armed robbery and grand theft can also be felonies.
Not only can the person who committed the crime be charged with a felony, but so can anyone who aided or abetted the felon before or during the crime and anyone who became accessories to the crime after it was committed, such as those who help the felon avoid capture.
Most countries have different classifications of felonies, with increasing penalties for the most serious crimes.
Each class of felony crimes has guidelines for minimum and maximum sentencing.
Examples of Felonies
• Aggravated assault
• Animal cruelty
• Arson
• Drug distribution
• Elder abuse
• Felony assault
• Grand theft
• Kidnapping
• Manslaughter
• Manufacturing of drugs
• Murder
• Rape
• Tax evasion
• Treason
Most countries also classify felonies by capital felony, followed by first through fourth degree, depending on the severity.
Sentencing for Felonies
Although each country varies when determining the degree of a felony, most country’s capital felony define it as a crime, such as murder, that qualifies for the death penalty or life without parole.
Common first-degree felonies include arson, rape, murder, treason, and kidnapping. Second-degree felonies can include arson, manslaughter, drug manufacturing or distribution, child pornography, and child molestation.
Third- and fourth-degree felonies can include pornography, involuntary manslaughter, burglary, larceny, driving under the influence, and assault and battery.
Capital crimes are felonies that are punishable by death. The difference between other classes of felonies and capital felonies is the fact that those accused of capital crimes can pay the ultimate penalty, the loss of their life.
Each country determines the prison sentence handed down for felony crimes based on guidelines that assess the degree of the crime.
Class A is usually used to classify the most serious felonies, such as first-degree murder, rape, involuntary servitude of a minor, kidnapping in the first degree, or other crimes that are considered heinous.
Some Class A felonies carry the toughest penalties, such as the death penalty. Each state has its own set of classifications of criminal laws.
A Class B felony is a classification of crimes that are severe, yet not the most serious of crimes. Because a Class B felony is a felony, it carries tough penalties, such as a lengthy prison sentence and extreme fines.
What is a Misdemeanor?
Misdemeanors are crimes that do not rise to the severity of a felony. They are lesser crimes for which the maximum sentence is 12 months or less in jail.
But in Nigeria Law, it is punishable by imprisonment for not less than six months, but less than three years e.g “ Affray, Wilful damage etc. The specifics requirements of misdemeanors vary by country.
The distinction between misdemeanors and felonies lies in the seriousness of the crime. Aggravated assault (beating someone with a basketball bat, for example) is a felony, while battery (slapping someone in the face) is a misdemeanor.
But some crimes that are usually treated as misdemeanors in court can rise to the level of a felony under certain circumstances.
For example, in some countries, possession of less than an ounce of marijuana is a misdemeanor, but possession of more than an ounce is considered possession with intent to distribute and treated as a felony.
Likewise, an arrest for driving under the influence is usually a misdemeanor, but the charge can become a felony if anyone is hurt or killed or if it is not the driver’s first DUI (Driving Under Influence) offense.
Moronfolu is a seasoned security consultant with many years of security and policing experience. FELLOW, Fourth Estate Professional Society (FFPS), he has also partaken in peace keeping operations within and outside the country and has flair for general security education.
