Introduction
The present memo is intended to clarify the consequences that follow from the breach of peace charges presented to Ms. Singh as a result of an altercation in a public place. According to the case details, Ms. Singh, having become a recipient of unwanted advances, has become a party to a fight as her partner hit the man who was making the advances. Ms. Singh believes that the breach of peace charges can result in a long prison sentence or even a death penalty; however, such an opinion is not based on accurate legal information. The memo thus discusses two main categories of crimes and possible punishments for committing them in order to determine the conditions relevant to the present case.
Differences Between Misdemeanors and Felonies
Although there are several types of criminal offenses, most crimes fall under one of the two categories: misdemeanors or felonies (Samaha, 2013, p. 12). Misdemeanors are non-violent crimes of a less serious nature. Examples include trespassing, public intoxication, disorderly conduct, and simple assault consisting of verbal threats or unarmed attempts at violence (Samaha, 2013, p. 14). Felonies, on the other hand, typically involve violence or some other form of severe harm, for instance, psychological. Consequently, felonies are considered to be much more serious offenses and are treated as such (Moak & Carlson, 2013, p. 233). Non-violent felonies include crimes such as tax evasion and copyright infringement, and offenses such as murder, robbery, and kidnapping constitute violent felonies. In some cases, a crime that would normally constitute a misdemeanor is classified as a felony. For instance, a verbal threat made while holding a weapon constitutes an aggravated, rather than simple, assault (Moak & Carlson, 2013, p. 233).
Possible Punishments
Given the varying nature and severity of the two types of offenses, they are, consequently, punishable by quite different measures. Less serious misdemeanors may not even result in a jail sentence at all. Depending on the particular context, the court may decide to suspend the driver’s license of the offender or order them to pay a fine or restitution to the victim, participate in community service, or attend therapy sessions (Mooney, 2015, p. 44). It is, however, also possible that a misdemeanor will result in a jail sentence, typically not exceeding one year, and the imprisonment usually takes place in a local jail and not in the state prison (Moak & Carlson, 2013, p. 235). Felons, on the other hand, usually receive sentences ranging from one year to life in prison, depending on the specific crime they committed. In some legislatures, most serious offenses, such as murder, are punishable by capital punishment, or death penalty (Samaha, 2013, p. 20).
Explanation of the Charges
As evident from the explanation above, the charges in the current case, that is, breach of peace, constitute a misdemeanor and not a felony. Consequently, concerns that these charges may lead to a long prison sentence or capital punishment are legally unfounded, since the maximum punishment for misdemeanors is year-long imprisonment, typically in a jail. Moreover, based on the information available about the case, it is likely that the offender will not be subject to such a harsh punishment if she is convicted of this crime. Most probably, the court will order Ms. Singh to pay a fine or participate in community service, depending on the particular legislation applicable in this case.
References
Moak, S.C., & Carlson, R.L. (2013). Criminal justice procedure (8th ed.). Waltham, MA: Elsevier.
Mooney, C. (2015). Misdemeanor prosecution: Your legal rights. New York, NY: Rosen Publishing Group.
Samaha, J. (2013). Criminal law (11th ed.). Boston, MA: Cengage Learning.