22 Dec 2023

Criminal Defense
Felonies and misdemeanors are scary words that everyone has heard before, but most people have never been charged with either criminal offense. On the other hand, infractions are a term that not many know, even though many people have received at least one. As criminal defense attorneys, we at Lermitte & Lubin, LLC have encountered numerous situations where people want to fight infractions they are charged with without even knowing what they are called. We are here to detail and explain exactly what infractions are so clients can be informed on how serious they are, how one can fight them, and if they should.

What are Infractions?

Infractions are minor offenses that are punishable by a fine or community service. Unlike felonies and misdemeanors, infractions do not result in jail time. This does not mean they don’t carry long-term consequences, but they are certainly not as serious as the consequences for felonies and misdemeanors. Infractions encompass a wide range of offenses, including:
  1. Traffic Violations: These are actions that will earn you a ticket. This includes things like speeding, failing to stop at a stop sign, or driving without a valid license. You won’t be arrested for this, but you’ll get a fine.
  2. Littering: Disposing of trash in non-designated areas is considered an infraction. You’d have to commit this infraction multiple times to get more than a ticket.
  3. Public Intoxication: Being visibly drunk or under the influence of drugs in public can lead to an infraction charge. Repetitive charges can lead to misdemeanor charges.
  4. Noise Violations: Excessive noise, particularly during designated quiet hours, can also result in an infraction. For example, throwing a loud party can garner a noise violation.
  5. Jaywalking: Crossing the street outside of a designated crosswalk or against a traffic signal is a common infraction people commit.
  6. Fishing or Hunting without a License: Fishing and hunting without a permit can lead to an infraction charge.
Remember, while these offenses might seem minor, they can still result in fines, community service, or a mark on your criminal record.

Infractions vs Felonies and Misdemeanors

The main difference between infractions and felonies/misdemeanors is the severity of the offense and the potential punishment. Felonies are serious crimes that carry a sentence of at least one year in prison, while misdemeanors are less serious offenses that may result in up to one year in jail. Infractions, on the other hand, do not result in incarceration at all. Another difference is the burden of proof required for a conviction. For felonies and misdemeanors, the prosecution must prove guilt beyond a reasonable doubt due to how serious the penalties are. However, for infractions, the standard is lower and only requires a preponderance of evidence.

Punishments for Infractions

As mentioned earlier, infractions are typically punished with fines or community service. The amount of the fine can vary depending on the specific infraction and the jurisdiction. In some cases, people may also be required to attend classes or complete a probationary period. The only reason you would go to prison for an infraction is if the court believes you can pay the fine and you refuse to do so. If you prove that you can't, the court will determine an alternate punishment. Repeated traffic violations can lead to you getting your driver’s license suspended, which puts a serious strain on your ability to provide for yourself and your family.

Contact the Criminal Defense Attorneys at Lermitte & Lubin, LLC for Help

Understanding infraction charges is crucial when facing a potential conviction. If you or a loved one are facing an infraction charge, it's important to seek legal representation from experienced criminal defense attorneys like those at Lermitte & Lubin, LLC. If you’re in danger of a more serious consequence like losing your driver’s license, don’t wait. We need to get started on your defense right away. Our team has the knowledge and experience needed to protect your rights and fight for the best possible outcome in your case. Contact us today to schedule a consultation.

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