California criminal law generally follows US law. However, there are substantive and procedural differences between how the Federal Government of the United States and California prosecute alleged violations of criminal law. This article will focus exclusively on California criminal law.
Video California criminal law
Type of crime
California defines "Crime" or "Public Offenses" as acts committed or omitted in violation of laws prohibiting or ordering those who may be punished for good faith by death, imprisonment, fines, dismissal from office or disqualification to hold honorary, trust or profit California. In California, there are three types of crimes and public offenses: (1) Violations, (2) Harassment, and (3) Felonies.
Violation
An offense is a public offense, but it can be considered a crime, and can not be punished by imprisonment. Any person convicted of a violation can only be punished with fines, deletions and/or disqualifications from public office. Usually, most violations are only fined. Examples of violations in California are traffic violations such as exceeding posted speed limits, etc.
Persons charged with offenses do not have the same right to be tried by a jury as defendant infringement, although there are laws that imply otherwise. Similarly, the Defendant generally has no right to obtain a court appointed advisor. Trial offenses can be heard by non-judges, such as judges.
The offense was made in 1968, initially only including parking violations, but gradually expanded to include running stop lights and ultimately the most common traffic violations. Beginning in 1993, those accused of parking violations generally can not fight them in court until administrative procedures are exhausting. See eg.
Minor offenses
A minor crime is a crime that can be sentenced to imprisonment in a county or city jail or detention facility no later than one year. Unless the law sets a different penalties, minor crimes can be imprisoned in county jail no more than six months and/or a fine not exceeding one thousand dollars. However, many minor violations specifically register penalties in excess of the penalties listed in the Penal Code Section 19. For example, a minor violation of the Battery on a Peace Officer can be imprisoned in county jail for up to a year and/or two years. a fine of thousands of dollars.
Felonies
Criminals are a more serious crime that can be put to death or imprisoned in a state prison. A person convicted of a crime may also be granted a probation, not a prison sentence. If a person is granted a probation, the court may enforce many provisions on granting a probation, including up to one year in a county jail, a maximum fine of money permitted by state law, and restitution to the victim for actual damages. In addition, the court may enforce other provisions as long as the conditions are sufficiently related to the crime of the defendant, or future criminality.
Maps California criminal law
See also
- California Law
References
Source of the article : Wikipedia
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