Felonies and Misdemeanors

Crime and Punishment

Felonies vs. Misdemeanors

Jeffery K. Rubenstein has successfully defended clients against alleged criminal charges. Crimes are divided into two general categories, felonies and misdemeanors. A felony is considered a crime of high seriousness, whereas a misdemeanor is less so. Felonies are crimes punishable by imprisonment in excess of one year or, in some cases, death. Both felonies and misdemeanors can involve fines and possibly confiscation of assets. Jeffery K. Rubenstein is well known and respected by judges and prosecutors for his creative approaches to non-custodial alternative sentencing, as opposed to jail or prison time. 


Felony Jurisdiction and Venues

Felonies come under the jurisdiction and venue of either federal or California state trial courts.A federal crime (or federal offense) is an act made illegal by U.S. federal legislation. 


Federal Felonies

Federal felonies are prosecuted in federal trial courts. Here are some federal crimes:

  • Aircraft hijacking.
  • Bank robbery.
  • Carjacking.
  • Child pornography.
  • Counterfeitting.
  • Credit card fraud.
  • Cybercrimes (computer crimes).
  • Federal hate crimes.
  • Identify theft.
  • Kidnapping.
  • Tax evasion.
  • Possession of weapons banned by the National Firearms Act.
  • Violations of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO).


California State Felonies

State felonies are prosecuted in California state trial courts. They include but are not limited to the following:

  • Aggravated assault or battery.
  • Animal cruelty.
  • Arson.
  • Burglary.
  • Larceny.
  • Manslaughter (unintentional killing of another).
  • Murder.
  • Vehicular homicide.


White Collar Crimes

Technically known as corporate crimes, white collar crimes are financially motivated, nonviolent crimes committed by businesses and government professionals. Typical white collar crimes include:

  • Bribery.
  • Copyright infringement.
  • Cybercrime (computer crimes).
  • Embezzlement.
  • Fraud.
  • Forgery.
  • Identity theft.
  • Insider trading.
  • Labor racketeering.
  • Money laundering.
  • Ponzi schemes. 


Capital Crimes 

Capital crimes are punishable the death penalty called the "Death Sentence." That is a government sanctioned practice whereby the state executes a convicted felon. Crimes punishable by death are known as capital crimes, capital offenses or capital felonies. They commonly include serious crimes such as:

  • Aggravated rape, child rape and child sexual abuse. 
  • Aircraft hijacking. 
  • Crimes against humanity.
  • Espionage.
  • Drug trafficking.
  • Genocide.
  • Treason
  • War crimes.

The Death Penalty has been controversial in California for decades.


Misdemeanors

Jeffery K. Rubenstein also defends people for misdemeanors, crimes punishable by exactly one year or less. The actual jail or prison sentence is based on the maximum sentence possible under law. Examples of misdemeanors are:

  • DUIs (first time without injury to others).
  • Petty Theft.  
  • Trespassing. 
  • Public Intoxication.

Federal misdemeanors are crimes in violations of parks, wildlife, fish and game regulations. Additionally some misdemeanors are considered "wobblers," prosecuted as either a felony or a misdemeanor. Jeffery K. Rubenstein specializes in alternative sentencing for these crimes.

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