An infraction is a minor violation of local law in the United States, often treated as a civil offense. Conviction rarely results in incarceration, but fines may be assessed. Common infractions include littering and jaywalking, and some jurisdictions have made certain crimes misdemeanors to simplify processing. Judges may reduce certain crimes to misdemeanors for first-time offenders.
An infraction is a rather broad term used to describe breaking the law. Most often, the term refers to a fairly minor local law or ordinance. As a legal term, it is generally only used in the United States, with most Common Law countries using different terms to describe similar crimes. A misdemeanor is generally considered less serious than a misdemeanor and is often handled differently from other violations of the law.
While technically a violation of statutory law, the way most infractions are treated makes them seem more like a civil offense. For example, a misdemeanor does not receive the benefit of a jury trial, as a judge simply presides over the proceedings and passes judgment. Similarly, while a criminal case generally requires that evidence be presented that proves guilt beyond a reasonable doubt, in many areas a person can be convicted of a misdemeanor if a mere preponderance of evidence is shown.
In almost all cases, being convicted of an offense does not result in any loss of liberty. It is very rare that a conviction results in incarceration, although the United States Penal Code (USC) sets a maximum sentence of five days in jail. Additionally, a fine may be assessed, but cannot exceed $5,000 US Dollars (USD), and it is very rare for a person to exceed even $1,000 USD. Occasionally, incarceration will be included as a penalty in cases where it is deemed necessary by a citing officer, such as when someone cited for public nuisance due to drunkenness is placed in a holding cell until they become sober . In other cases, a minor suspension of liberty may be included, if it fits the offence, or is a repeat offence.
Some common infractions are petty crimes such as littering or jaywalking. These offenses can generally be cited by any government official, not just a law enforcement official. Typically, not even a court hearing is held, and a misdemeanor is essentially seen as a conviction, although in some cases it can still be challenged, if the defendant persists. Other crimes that may be misdemeanors in a jurisdiction are falsifying information and disturbing the peace.
Some jurisdictions have taken common misdemeanors and made them misdemeanors to simplify citations and processing. For example, in Oregon, possession of a small amount of marijuana is viewed as a misdemeanor, rather than a misdemeanor, making it much easier to deal with the large number of people convicted of this crime. Similarly, in a number of traffic corridors in the United States, where speeding is a frequent problem, speeding is viewed as a misdemeanor rather than a crime.
At the discretion of a judge, many regions allow certain classes of crime to be reduced to this level, so that a conviction does not affect a defendant’s criminal record as drastically. This is especially true in first-time offenders for felonies such as petty theft, disturbing the peace, possession of marijuana, and trespassing. In these cases a lenient judge will often find a defendant guilty, but reduce the offense, while sternly warning that further violations of the law will be punished as felonies in their own right.
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