DIFFERENT AREAS OF NURSE EXPOSURE TO RISKS AND

LIABILITIES
Felony. Misdemeanor. Negligence & Malpractice.
Reported by: Maria Teresita B. Georsua, RN

In every state, crimes are put into distinct categories. The categories are usually "felony,"
"misdemeanor," and "infraction." Decisions on crime classification are made by state legislators; the
determination focuses on the seriousness of the crime. This article looks at the differences among these
crime classifications, moving from least serious (infractions) to most (felonies).

Infractions

Infractions (sometimes called violations) are petty offenses that are typically punishable by fines, but
not jail time. Because infractions cannot result in a jail sentence or even probation, defendants charged
with infractions do not have a right to a jury trial. A defendant who has been charged with an infraction
can hire an attorney, but the government doesn't have a constitutional duty to appoint one. Often,
prosecutors don't appear on behalf of the government in cases involving infractions. Traffic offenses are
the most common form of infraction. (Note that some states consider certain kinds of infractions like
traffic tickets to be civil, rather than criminal, offenses.)

Example: Ginger receives a speeding ticket. After Ginger and the officer who issued the
ticket testify, the judge concludes that Ginger was speeding. Ginger's punishment is limited to a
fine and the addition of a point to her driving record.

FELONY

In criminal law, a felony is a category of crimes that are often classified as the most serious types of
offenses, and they can be either violent or non-violent.

The word originates from English common law (from the French medieval word flonie), where
felonies were originally crimes that involved confiscation of a convicted persons land and goods.

often classified as the most serious types of offenses

were originally crimes that involved confiscation of a convicted persons land and goods

felonies are those crimes that have punishments in excess of twelve months incarceration.

Felonies are the most serious type of criminal offense.

Felonies often involve serious physical harm (or threat of harm) to victims, but they also include
offenses like white collar crimes and fraud schemes. Offenses that otherwise are misdemeanors can be
elevated to felonies for second-time offenders. A felony conviction, like a misdemeanor conviction, may
not result in time behind bars. But felonies carry potential imprisonment that ranges from time in
prison (a year is often the low end) to life in prison without parole or even death. As with
misdemeanors, states may also subdivide felonies by class or degree.

Example: Randy is convicted of felony assault with a deadly weapon even though the bottle that
he threw at another patron in a tavern missed its intended target. Even though he failed to
injure the intended victim, his behaviour was intended to (and did) create a risk of serious
physical injury.

MISDEMEANOR

A misdemeanor (American English) or misdemeanour (English) is any "lesser" criminal act in some
common law legal systems. Misdemeanors are generally punished less severely than felonies, but
theoretically more so than administrative infractions (also known as minor, petty, or summary offences)
and regulatory offences.

A misdemeanor is a criminal offense that is less serious than a felony and more serious than an
infraction. Misdemeanors are generally punishable by a fine and incarceration in a local county jail,
unlike infractions which impose no jail time.

Misdemeanors are crimes that carry a maximum of twelve months incarceration (jail time)

RESTITUTION RESTORATION OF SOMETHING LOST OR STOLEN TO ITS PROPER OWNER.

RECOMPENSE OF INJURY OR LOSS

PROBATION in a criminal law is a period of supervision over an offender ordered by a court instead
of serving time in prison

Misdemeanors are criminal offenses that carry up to a year in jail in most states. Punishment for
misdemeanors can also include payment of a fine, probation, community service, and restitution.
Defendants charged with misdemeanors are often entitled to a jury trial. Indigent defendants charged
with misdemeanors are usually entitled to legal representation at government expense. Some states
subdivide misdemeanors by class or degree or define more serious misdemeanor offenses as "gross
misdemeanors." These classifications determine the severity of punishment.

Examples of Misdemeanors Versus Felonies

A crime can have the same general classification but be broken down into several levels of severity,
some of which may raise the seriousness from a misdemeanor to a felony.

Assault

A good example of multiple levels of severity is the general class of crime referred to as assault. In the
case of assault, threatening to cause harm to a person but not carrying through on the threat would be
classified as a misdemeanor. Assault that resulted in actual bodily injury, or in which a weapon was used
as part of the assault, would be considered a felony.

Theft

LARCENY THEFT OF PERSONAL PROPERTY

Theft is another example of a crime that has differing levels of severity. Petty theft is the unlawful taking
of property or money from another person without their consent. The distinction between whether
theft is a misdemeanor or a felony is dependent on the value of the cash or property stolen. Many states
consider theft of up to $500 a misdemeanor and larger amounts to be a felony. Felony theft is often
referred to as larceny.

Indecent Exposure

Other crimes are distinguished as being misdemeanors or felonies depending on whom the crime is
committed against. The crime of indecent exposure falls into this category. Exposing ones private parts
in public in such a way as to alarm others is considered to be a misdemeanor. However, if the exposure
is before a child, then the crime rises to the level of a felony. Different states set different age limits as
to where the line exists between misdemeanor and felony indecent exposure.

Traffic Violations

In most instances, traffic violations are classified as misdemeanors. Examples of misdemeanor traffic
violations include:

Speeding

Driving without a license

Driving without insurance

Driving under the influence (DUI)

Felony traffic violations include: leaving the scene of an accident and vehicular homicide.

Another potential felony traffic infraction is repeated DUIs. In this case, many states upgrade repeated
charges of DUI from misdemeanor to felony status. While the criminal act being committed is the same,
multiple violations can result in a felony charge that carries harsher punishments.

Jail Time for Misdemeanors Versus Felonies

Severity of Punishments

The classification of misdemeanors and felonies is legally based on the severity of punishments
and the most severe of punishments are reserved for the most serious offense. Traffic
violations, trespass, petty theft and similar offenses are misdemeanors and depending on the
state, carry maximum jail times of between 6 months and 1 year. The attendant fines are also
limited to relatively small amounts of money, generally $1000 to $2000 maximum.

Felonies such as murder, rape, arson and kidnapping are substantially more serious and all carry
jail times of at least one year and in most cases, substantially greater terms of incarceration. At
the most severe level of felony classification, Class A, the maximum penalty can be life in prison
without parole or the death penalty.
NEGLIGENCE

The failure to exercise the care toward others which a reasonable or prudent person would do in the
circumstances, or taking action which such a reasonable person would not. Negligence is accidental as
distinguished from "intentional torts" (assault or trespass, for example) or from crimes, but a crime can
also constitute negligence, such as reckless driving. Negligence can result in all types of accidents
causing physical and/or property damage, but can also include business errors and miscalculations, such
as a sloppy land survey. In making a claim for damages based on an allegation of another's negligence,
the injured party (plaintiff) must prove: a) that the party alleged to be negligent had a duty to the
injured part

The concept of negligence developed under English Law. Although English Common Law had long
imposed liability for the wrongful acts of others, negligence did not emerge as an independent cause of
action until the eighteenth century. Another important concept emerged at that time: legal liability for a
failure to act. Originally liability for failing to act was imposed on those who undertook to perform some
service and breached a promise to exercise care or skill in performing that service. Gradually the law
began to imply a promise to exercise care or skill in the performance of certain services. This promise to
exercise care, whether express or implied, formed the origins of the modern concept of "duty." For
example, innkeepers were said to have a duty to protect the safety and security of their guests.