Legal Classification of Offenses Daytona State College School of Emergency Services Introduction to...
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Transcript of Legal Classification of Offenses Daytona State College School of Emergency Services Introduction to...
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
Introduction to LawIntroduction to Law
Classification of OffensesClassification of Offenses
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
ObjectivesObjectives
• Define Define OffenseOffense
• Classification and category of a criminal Classification and category of a criminal offenseoffense
• Relevant facts for use in Relevant facts for use in classifying criminal or classifying criminal or non-criminal offensesnon-criminal offenses
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
ObjectivesObjectives
• Define Define felonyfelony
• Levels of feloniesLevels of felonies
• Define Define misdemeanormisdemeanor
• Levels of misdemeanorsLevels of misdemeanors
• Define Define non-criminal violationsnon-criminal violations
• Local ordinancesLocal ordinances
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
OffenseOffense
• Acts that are punishable under Florida lawActs that are punishable under Florida law– Criminal offenses
• Punishable by incarceration
• Either felony or misdemeanor
– Non-criminal offenses• Also called “civil infraction”
• Punishable by a fine or other means other than incarceration
• Example – traffic violation
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
FelonyFelony
• Crime for which the maximum penalty is Crime for which the maximum penalty is deathdeath or incarceration in a or incarceration in a state state correctional facilitycorrectional facility for for one year or moreone year or more– FS 775.08(1)– Serious crimes– May be housed in a county facility under certain
conditions, situations or contracts
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
Classification of FeloniesClassification of Felonies
• Five classificationsFive classifications– Capital– Life– 1st Degree– 2nd Degree– 3rd Degree
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
Capital FelonyCapital Felony
• Highest classification of felonyHighest classification of felony– Death– Life without parole
• ExamplesExamples– First Degree Murder, FS 782.04(1)
• Only crime that carries the death penalty
– Sexual Battery on a child under 12 by a person 18 or over, FS 794.011(2)(a)
• Carries life without parole
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
Life FelonyLife Felony
• PenaltyPenalty– Minimum of 40 years to life– Fine of $15,000
• Fines are rarely, if ever, imposed
• Possibility of restitution as a post-incarceration probation stipulation
– Both
• ExampleExample– Kidnapping with a weapon, FS 775.087(1)
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
First Degree FelonyFirst Degree Felony
– Penalty• Maximum of 30 years
• Fine of $10,000
• Both
– Exceptions• Certain first degree felonies carry life
– Noted in the statute
– Example• Kidnapping is a 1st degree felony carrying life in prison,
FS 787.01(2)
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
Second Degree FelonySecond Degree Felony
• PenaltyPenalty– Maximum of 15 years– Fine of $10,000– Both
• ExampleExample– Aggravated Battery,
FS 784.045
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
Third Degree FelonyThird Degree Felony
• PenaltyPenalty– Maximum of 5 years– Fine of $5,000– Both
• ExampleExample– Aggravated Assault, FS 784.02– Burglary of an Unoccupied Dwelling, FS 810.02
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
Determining ClassificationDetermining Classification
• Where to lookWhere to look– Statute itself
• Conditions and provisions
• Special circumstances
• Start low, increase as conditions change
• ReclassificationReclassification– Normally up one level
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
ReclassificationReclassification
• Based on certain factorsBased on certain factors– Violent offenses against law enforcement,
corrections, state attorney and judges– Wearing mask, hood, etc. to conceal identify while
committing a felony or misdemeanor– Wearing a bulletproof vest while
committing certain offenses
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
ReclassificationReclassification
– Evidencing prejudice while committing a crime (hate crime)
– Possession of a weapon while committing a crime– Unlawful taking, possessing or
using an officer’s firearm during the commission of a crime
– Committing a misdemeanor or felony to further terrorism
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
ReclassificationReclassification
• Reclassify down one levelReclassify down one level– Attempt
• Attempted armed robbery
• Attempted burglary
• Attempted possession of narcotics
– Conspiracy– Solicitation
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
MisdemeanorMisdemeanor
• Criminal offense with a maximum penalty Criminal offense with a maximum penalty of one year in the county jailof one year in the county jail– Minor crimes– Fine of up to $1,000– Cannot serve time in a prison
• Can serve concurrent penalties with a felony conviction
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
Misdemeanor ClassificationMisdemeanor Classification
• First Degree First Degree – Penalty
• Up to one year and/or $1,000 fine
– Example• Battery, FS 784.03(1)
• Second DegreeSecond Degree– Penalty
• Up to 60 days and/or $500 fine
• Criminal mischief under $200, FS 806.13 (2)
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
Non-Criminal ViolationNon-Criminal Violation
• Also called “Civil Infraction”Also called “Civil Infraction”• PenaltyPenalty
– Fine, forfeiture or other civil penalty
– “Civil Penalty”– No jail or prison time
• ExampleExample– Traffic violation, i.e.,
speeding, stop sign, etc.
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
Ordinance ViolationOrdinance Violation
• Cities and counties enact local regulations Cities and counties enact local regulations – For protection and well-being of population– Only apply to the city or county in which it is
enacted– Most not criminal – no jail time– May prohibit acts that are state
statute crimes
• PenaltyPenalty– Maximum 60 days/$500 fine or both
LegalClassification of Offenses
Daytona State CollegeSchool of Emergency Services
QuestionsQuestions