Criminal Law South Africa | Du Toit’s Attorneys | Gauteng
Two Types of Criminal Law in South Africa
There are basically two categories of criminal law in South Africa – misdemeanors and felonies. Misdemeanours relate to minor crimes such as petty theft, traffic violations and other offences where community service or fines instead of jail time are the usual sentence received by the person who has broken the law. Felonies on the other hand are more serious criminal acts that normally involve some type of violence or intent to do violence and also include theft.
Most people believe that legal advice and representation are only necessary for felonies and in the case of a misdemeanor the defendant can represent themselves. However, a good rule of thumb to use when deciding whether you need a criminal lawyer or attorney is that only a fool represents himself in any court of law. Legal representation uses criminal law in South Africa to ensure that every person is provided with the right to defend his or actions in a court of law.
The first piece of advice that you will need from an expert in criminal law in South Africa is as to whether a specific crime with which you have been charged forms a misdemeanor or a felony. While it is sometimes very simple to make this distinction such as in the case of murder there are other times that the lines between the two criminal law categories can become blurred.
For instance, shoplifting can be considered a misdemeanour but if the perpetrator was carrying a weapon at the time it can be considered armed robbery which changes the crime into a felony. Committing misdemeanours multiple times can also result in jail time for repeat offenders. As part of criminal law in South Africa you also need to be aware that you will receive a criminal record that will affect every aspect of the rest of your life whether you commit a misdemeanour or a felony crime.
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Filed under: South Africa
