Ms. Singh is a client of your firm. She was recently arrested for breach of peace during an altercation at a bar. Ms. Singh was the recipient of unwanted advances from another patron at the bar. Her boyfriend became jealous and punched the other man. Ms. Singh was arrested for breach of peace. She is very concerned about the possibility of a long prison sentence and capital punishment. Breach of peace is a misdemeanor.
The criminal attorney you work for asked you to:
•Research the difference between a felony and misdemeanor.
•Write a memo explaining the differences and, in particular, addressing Ms. Singh’s concerns about prison and the death penalty if she is eventually convicted of the crime.
These sites will help you.
http://criminal.findlaw.com/crimes/criminal-overview/felony-vs-misdemeanor.html
http://www.wisegeek.com/whats-the-difference-between-a-misdemeanor-and-a-felony.htm
Thank you Ms. Sue.
You're welcome.
Memo
To: Ms. Singh
From: [Your Name]
Date: [Date]
Subject: Differences between Felony and Misdemeanor Offenses
Dear Ms. Singh,
I hope this memo finds you well. As per your concerns regarding the possibility of a long prison sentence and capital punishment for your breach of peace charge, I have conducted research on the differences between felony and misdemeanor offenses in order to provide you with the necessary information.
1. Felony Offenses:
Felony offenses are more serious crimes than misdemeanors and carry more severe penalties. The main differences between felonies and misdemeanors are as follows:
a. Penalties: If convicted of a felony, the potential penalties can include incarceration in a state prison, significant fines, probation, community service, and the loss of certain civil rights, such as the right to vote or possess firearms.
b. Imprisonment: For felonies, the incarceration period is typically one year or more. However, the specific length of imprisonment varies based on the circumstances and severity of the offense.
c. Death Penalty: Capital punishment, or the death penalty, is reserved for the most serious crimes and is not applicable to misdemeanor offenses. It is crucial to note that breach of peace, the charge you are facing, is classified as a misdemeanor and does not carry the risk of capital punishment.
2. Misdemeanor Offenses:
Misdemeanors are less serious crimes compared to felonies, and the penalties imposed are generally less severe. Here are some key aspects of misdemeanor offenses:
a. Penalties: Convictions for misdemeanors often lead to smaller fines, short-term imprisonment (usually in a local or county jail), probation, community service, and possibly enrollment in educational programs related to the offense.
b. Imprisonment: Misdemeanor offenses usually carry a sentence of one year or less in jail. However, the actual jail time can vary based on the specific offense and the judge's discretion.
In your case, the charge of breach of peace is considered a misdemeanor offense. Therefore, the possibility of a long prison sentence or capital punishment does not apply to your situation.
Please keep in mind that I am not a lawyer, and it is highly recommended that you consult with your criminal attorney for personalized legal advice regarding your case. They will be best equipped to guide you through the legal process and provide you with accurate information based on the specific laws and circumstances in your jurisdiction.
I hope this information clarifies the differences between felony and misdemeanor offenses for you. If you have any further questions or concerns, please do not hesitate to reach out to me or your attorney.
Best regards,
[Your Name]
[Your Position]