Except where the context clearly indicates otherwise, as used in this Code:

(1)  “Offense” includes both a felony and a misdemeanor.

(2)  “Capital offense” means an offense that may be punished by death.

(3)  “Felony” means an offense that may be punished by death or by imprisonment at hard labor.

(4)  “Misdemeanor” means any offense other than a felony, and includes the violation of an ordinance providing a penal sanction.