Reference no: EM133857319
Question
Felony vs. Misdemeanor
Felony and Misdemeanor are the two categories when you commit a crime. According to Batten, D. (Ed.). (2011). A felony is a serious crime, characterized under federal law and many state statutes as any offense punishable by death or imprisonment over one year. Felonies are larger punishments, with longer prison times and larger fines to be paid. Examples of felonies are Murder, Robbery/ Armed Robbery, Kidnapping, Rape, Arson and intentional acts, and breaching legal statues in the government. Felony class is usually served in state or federal prison. The class carries different timeframes in prison such as Class A life imprisonment or the death penalty, Class B twenty-five or more years, Class C less than 25 years, but more than 10 years, Class D less than 10 years but more than 5 years, and Class E is less than five years but more than one year.
The second category is for lesser committed crimes called Misdemeanors, which, according to Batten, D. (ED.). (2011). Offenses lower than felonies are generally punishable by fines, penalty, forfeiture, or imprisonment other than a penitentiary. A misdemeanor is classified as a less serious crime, such as petty theft, disorderly conduct, vandalism, trespassing, and simple assault. Misdemeanors often involve minor harm and usually get less than a year of jail time/ or no jail time; they are given probation, community service, or a fine. There are several classes of Misdemeanor, such as Class A, for which if you are found guilty you can 1 year or less but more than 6 months, Class B you can get 6 months or less, but more than 30 days, and Class C Thirty days or less, but more than 5 days. The time frame can change from state to state.
For instance, according to Siegel, L. J. (2015). When you examine both felony and misdemeanor acts, you see that felony charges can usually require a Grand Jury, while misdemeanors would probably not need one, depending on the jurisdiction.
Civil and State Actions Against Jason Chapman
Civil Action: Colette Dewhurst and Raymond Miller can both bring a civil action against Jason Chapman.
For Dewhurst, she may sue Chapman for conversion or trespass to chattel, as he unlawfully took her vehicle, depriving her of its use and potentially causing damage.
For Miller, he can file a lawsuit for property damage due to Chapman's actions, as his store suffered physical harm from the vehicle crash, which was a consequence of Chapman's illegal driving.
State Action: The state can also take criminal action against Chapman due to violations of public law.
Chapman's actions likely constitute several felonies, such as grand theft auto and criminal damage to property or vandalism. The state can prosecute him for these offenses as they breach state laws designed to protect individuals and property.
Functions of the Law in This Case
Protective Function: The law serves to protect the rights and properties of individuals. By enabling Dewhurst and Miller to pursue legal action, the law safeguards their interests and provides a mechanism for redress.
Deterrence: By prosecuting Chapman criminally, the state aims to deter not only him but others from committing similar offenses.
Rehabilitation and Punishment: Through potential sentencing, the law seeks to punish Chapman appropriately while also offering corrective measures if feasible, such as rehabilitation programs.
Restitution: Civil action can lead to compensation for Dewhurst and Miller, making amends for their losses or damages.
By addressing both civil and criminal aspects, the legal system upholds justice, promotes societal order, and emphasizes accountability.