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Commonly Asked Questions About Criminal Infractions

Janice Ruiz by Janice Ruiz
January 16, 2024
Commonly Asked Questions About Criminal Infractions
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Unless you work in a legal field or have been on the wrong side of the law, you may not know standard legal terms and what they mean. There aren’t typically any repercussions for not being educated on legal definitions, but it can be troublesome if you face legal problems.  The more you know about a charge or possible punishment, the more prepared you can be for what comes next. If you or someone you love is facing a criminal infraction, you can learn about some of the commonly asked questions about them below.

What Is the Difference Between An Infraction and Misdemeanor?

You can learn more about an infraction vs. misdemeanor from legal professionals. However, in general terms, an infraction is not a criminal offense. You may only face a fine and court costs, and it’s rare for an infraction to lead to prison time. In fact, most infractions don’t even contribute to your criminal record.

In contrast, misdemeanors are a higher level of criminal offense. You may face jail time, community service, fines, and probation. Misdemeanors can also appear on your criminal record. The repercussions of a misdemeanor can depend on the crime and your lawyers.

What Are Typical Infractions?

Infractions are only minor crimes that aren’t punishable by imprisonment. The most common are traffic citations and minor offense citations. You might receive an infraction if you run a red light, forget to stop at a stop sign, fail to use your signal, and speed.

Essentially, infractions are minor. However, that doesn’t mean they remain minor. Infractions can allow law enforcement to escalate their stop. If they discover something beyond an infraction offense, such as drugs in your vehicle and driving under the influence, you may face criminal charges.

Are Infractions Criminal or Civil Offenses?

Many jurisdictions see infractions as violations of municipal codes and administrative regulations. They are such minor crimes that most states don’t consider them crimes. Instead, they handle them as if they are civil offenses. This means that most people don’t face jail time for their infractions. However, if an infraction does lead to jail time, most people charged with an infraction will only spend time in their local jail.

What Is the Maximum Fine for An Infraction?

It’s only natural to be curious about the fines you could face for an infraction. After all, not everyone has spare funds to put towards legal costs. The maximum fine amount can depend on where you live and the infraction. If you live in California, the maximum fine is $250. Here, you also can’t be incarcerated for an infraction.

According to the Legal Information Institute, the maximum you can be fined for an infraction is $10,000. There are also standard rules in place for calculating fines, such as the Alternative Fine Based on Gain or Loss. This means that if you gained from an offense or someone lost because of your offense, you can be fined no more than twice the gain or loss. Understanding criminal infractions can be helpful when you’re facing one. The more you know about this legal term, the more confident you may feel in navigating the legal system and preparing for the outcome.

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Janice Ruiz

Janice Ruiz

Janice Ruiz is a paralegal who comes from a long line of legal professionals in her family. When not working or writing, she enjoys watching documentaries about true crime events.

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