Module 7

Appreciate Charges and

Possible Penalties

Objectives Module 7

• Understand what the pending charges against the client are

• Understand and appreciate the classification and possible penalties associated with each charge

• Become familiar with the allegations and begin to identify strengths and weaknesses of the case (i.e., appreciation for evidence, witnesses, the likelihood of outcomes, etc.)

Course Pre-TestModule 7

Vocabulary Module 7

Misdemeanor A less serious crime punishable by jail time

Felony• A more serious crime

• Punishable by prison time

The Difference Between a Felony and a Misdemeanor Explained

Difference between felony and misdemeanor video

Sentence• The sentence is the

punishment for being found guilty

• If you are found guilty, the judge sentences you

• The punishment could be prison, jail, or probation

Police Reports/Discovery Materials

• Details of the allegations provided by the police

• This often includes statements made by officers on the scene, witnesses, and details evidence

Helpful Tips

• It is important for the instructor to remind the client of the importance of understanding the allegations

• Discuss with the client that the discussion does not mean that the instructor views them as guilty

• But rather it helps the client understand what they are facing in court

• The instructor should focus on facts and NOT digress into processing the incident surrounding the charges nor should they discuss anything about the client’s planned strategy regarding their case

Objective 1 Activity

• The instructor will review the police reports with the client

• Help the client identify the alleged crime that they have been accused of

• Share with the client, the definition of the crime that of which they have been accused (located in the discovery materials)

• Discuss the sentencing guidelines for the crime that of which the client has been accused of (located in the appendix of the Instructor’s Manual)

Check For Understanding

• Ask the client:

• Which is worse, a misdemeanor or a felony?

• Is it ok to disagree with the contents of a police report?

• Which is more serious, attempted murder or theft?

Course Knowledge Assessment Module 7

Work Cited

Gunterman, Ashley, et al. “Introduction to Competency Restoration: Understanding Why I Am Here.” Instructor's Manual: Basic Legal Knowledge and Rational Decision-Making Skills , edited by Dorinda Robinson, Colorado Dept of Human Services/Colorado Office of Behavioral Health , 2020, pp. 33–36. Competency to Stand Trial Training Guide and Materials.“What Is the Difference Between Felony & Misdemeanor Charges .” YouTube , Carlson, Meisner, Hart &Hayslett, P.A., 23 June 2010, www.youtube.com/watch?v=ZQ_yQ49e6RU.