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What is the difference between petty offenses, infractions, misdemeanors, and felonies? Is there a right to a jury trial?

Criminal law generally categorizes crimes into classes that are defined by their punishments. Only some include the right to a jury trial.

Petty Offenses or Infractions - Also called summary offenses, these crimes are punishable by a fine or a small amount of jail time. They can be settled prior to trial in one of three ways. First time offenders may be entered into a "pretrial disposition" program such as a drug diversion program, with certain terms and conditions attached. If the offender successfully completes the program, at the end of a set period of time the case against him is dismissed. The defendant, through his attorney, can also enter into a negotiated plea arrangement, in which both sides agree to a given reduced punishment in exchange for a guilty plea.

Finally, the defendant may make an open plea of guilt, after which the Judge will sentence him according to appropriate guidelines. If the case is not settled, it will go to trial before either a magistrate or a municipal court judge. The defendant does not have a right to a jury trial for such offenses. However, if he is found guilty, he generally has an appeal to a higher court where he can try the case again. Offenses such as minor traffic tickets, parking violations, and other local ordinance violations are typically called infractions. These low level crimes are also treated as petty or summary offenses.

Misdemeanors - These crimes are classified based on the maximum period of incarceration a defendant can receive if convicted, and are often subdivided into degrees. In Pennsylvania, for example, a third degree misdemeanor is punishable by up to one year in prison, a second degree by up to two years and a first degree by up to five years. Misdemeanors can be settled in the same way prior to trial as petty offenses. In large municipalities like Philadelphia or Los Angeles, they initially go to trial before municipal court judges, where there is no right to a jury trial. In this case if the defendant loses, he has the right to a new trial, including trial by jury, in the superior trial court. In other areas, misdemeanors are tried in a regular trial court, such as Superior Court or the Court of Common Pleas.

Felonies - These crimes are also often subdivided into degrees depending on the maximum period of incarceration one can receive if convicted. Again, in Pennsylvania, for example, a third degree felony is punishable by up to seven years in prison, a second-degree felony by up to ten years, and a first degree by up to twenty years. Homicides are special classes of felonies that can be punished in certain cases by life in prison or death. The right to a jury trial is always given in felony cases.