Gavin Howe
Criminal law defines crimes, and those who engage in behaviours that are harmful to society may be found guilty of committing them. There are two types of laws that punish wrongdoing and compensate victims: civil law and criminal law. Criminal law covers behaviours that are considered crimes against society, the state, or the public. Criminal cases are usually prosecuted in criminal courts, and penalties can include fines, imprisonment, or a combination of both. Crimes are classified from less serious petty offenses like simple theft to the most serious offenses like drug trafficking and murder. The most serious crimes are felonies, which usually involve serious harm to the public, such as violent conduct or drug distribution. Misdemeanors are less serious crimes, such as trespassing and alcohol-related crimes, and are punishable by a short jail sentence and sometimes a criminal fine. Juvenile offenses are prosecuted differently than adult offenses.
| Characteristics | Values |
|---|---|
| Crime types | Violent crimes, non-violent crimes, felonies, misdemeanors, infractions, citations, juvenile crimes |
| Violent crimes | Assault, battery, robbery, homicide, kidnapping, domestic violence, sexual assault, false imprisonment, armed robbery |
| Non-violent crimes | Theft, property crimes, drug trafficking |
| Felonies | Kidnapping, violent conduct, drug distribution, tax evasion |
| Misdemeanors | Simple assault, common theft, battery, drunk driving, stalking, littering |
| Infractions and citations | Trespassing, alcohol crimes, speeding, moving violations |
| Juvenile crimes | Committed by minors, adjudicated separately |
| Prosecution considerations | Type of offense, defendant's criminal history, witnesses, evidence |
| Criminal law functions | Resolving disputes, protecting people, safeguarding civil liberties, maintaining order, promoting a functioning society |
| Constitutional rights | Freedom from illegal search and seizure, due process, right to remain silent, right to a speedy trial, right to an impartial jury, right to confront witnesses, right to be informed of charges and punishments, right to compel witnesses, limitations on sentencing |
| Criminal procedure | Accusation, apprehension, trial, sentencing, appeal, dismissal of charges |
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What You'll Learn
Violent crimes, including assault, battery, and sexual assault
Violent crimes are aggressively prosecuted, with attorneys seeking the maximum sentences permitted by the state's sentencing regulations. These crimes involve physical force or harm to another person, with the severity of the crime based on the extent of the victim's injuries.
Assault is a common law crime that involves the intentional creation of a reasonable apprehension of harm. In other words, assault occurs when one person causes another person to fear harm, with or without a weapon. This can include threats of violence, such as chasing someone and swinging a fist towards their head. It is frequently referred to as an attempt to commit battery. Assault can be charged as a misdemeanour or a felony, depending on the jurisdiction. Aggravated assault, a stronger form of assault that may involve the use of a deadly weapon, is generally considered a felony offence and can carry severe penalties, including long-term prison sentences.
Battery is a criminal offence that involves the use of physical force against another person without their consent. It is a type of assault and is considered a serious crime. Battery can include a wide range of actions, from slapping someone to causing serious harm or even death. In some jurisdictions, battery has been expanded to include directing bodily secretions (e.g., spitting) at another person without their permission. Sexual battery refers to the non-consensual touching of the intimate parts of another person. Battery is typically classified as a misdemeanour, but aggravated battery, which involves causing serious bodily injury or permanent disfigurement, is generally considered a felony.
Sexual assault is a separate category of violent crime that involves non-consensual sexual contact or intercourse. Rape, which often involves force or threats, is a type of sexual assault. In some jurisdictions, this category is referred to as "sexual battery." Sexual assault may also overlap with other violent crimes, such as domestic violence. Defendants charged with sexual assault may argue that the affected person provided valid consent or that they were misidentified.
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Theft and property crimes, such as damage or stealing
Theft and property crimes are among the most common types of crimes. Theft crimes can range from simple larceny, or stealing, to more complex crimes such as burglary or robbery. Theft is defined as unlawfully taking someone else's property with the intent to deprive them of it. This can include taking physical items, such as a laptop, or intangible property, such as services or information. The specific definition of theft and the penalties for theft crimes vary by state and the value of the property stolen.
In some states, theft is classified as a misdemeanor, which is a less serious crime that is usually punished with a short jail sentence or a criminal fine. However, theft can be classified as a felony in some cases, such as grand theft auto or theft of services, which is considered a more serious crime and can carry heavier punishments. The penalties for theft crimes can include imprisonment, fines, and restitution.
Property crimes, on the other hand, refer to damage or destruction of someone else's property. This can include vandalism, such as smashing a window, or more serious offenses such as arson. Property crimes can also involve trespassing, which is considered a less serious crime and is usually punished with a warning or a small fine. However, the specific penalties for property crimes will depend on the local criminal statute and the severity of the crime.
In any case of theft or property crime, the prosecution must consider all the factors and determine if the crime meets all the necessary elements. This includes considering the criminal history of the defendant, the value of the property involved, and any extenuating circumstances. It is important for anyone accused of a theft or property crime to seek legal counsel from a criminal defense attorney, who can help navigate the specific laws and penalties in their state.
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Misdemeanors, like traffic violations and drunk driving
Misdemeanors are less serious crimes, generally punishable by a fine or jail time of less than a year. In most jurisdictions, a misdemeanor conviction carries a maximum sentence of one year in county jail. Misdemeanor traffic violations are more serious than infractions and can result in higher fines, points on your driving record, and possible jail time. Examples of misdemeanor traffic violations include reckless driving, driving without a license, and hit and run. DUI (driving under the influence) is also a misdemeanor traffic offense, but it can be charged as a felony if the offender has prior DUI convictions or if the offense involved injuries or death.
Traffic violations can have long-term consequences beyond immediate fines and points. Repeated violations can lead to increased insurance premiums, difficulty obtaining certain types of employment, and even the suspension or revocation of your driver's license. In California, traffic violations are generally categorized into three types: infractions, misdemeanors, and felonies. Infractions are the most common type of traffic violation and usually result in a fine rather than jail time. Examples of infractions include speeding, running a red light or stop sign, illegal U-turns, and failure to signal.
While the specific impact of a misdemeanor or felony traffic offense on your driving privileges depends on the nature of the offense and state traffic laws, some common ways these charges affect your driving privileges include driver's license points, in states that use a point or demerit system. It is important to take traffic charges as seriously as any other criminal charges, especially when a traffic offense rises to the level of a misdemeanor or felony. These charges carry the potential for harsh consequences, including jail time and a suspended license.
State laws often treat less egregious traffic violations as misdemeanors. For many of these violations, law enforcement will take you into custody, and you must post a bail bond to secure your release from jail before your court date. The criminal justice system doesn't have the capacity to treat every minor breach of the law with a full criminal trial. An experienced attorney may be able to plead down a serious traffic offense from a felony to a misdemeanor or a misdemeanor down to an infraction, minimizing punishment and the impact of the charge on your daily life.
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Felonies, including kidnapping and drug distribution
Crimes that are considered felonies are more serious in nature and carry heavier punishments. These include kidnapping and drug distribution. Kidnapping is a heinous crime that involves the unlawful taking, detaining, holding, or carrying away of a person by force or fraud. Federal authorities may intervene if the kidnapping crosses state lines or occurs in certain maritime or aircraft jurisdictions. The punishment for kidnapping can vary depending on the state, with some states imposing life sentences or even the death penalty in extreme cases.
The Federal Kidnapping Act, also known as the Lindbergh Law, was passed in 1932 in response to the kidnapping and death of Charles Lindbergh's son. Amendments to the act in 1934 exempt parents who abduct their minor children from penalties, but allow for the execution of a death sentence if the child is not released unharmed. Federal law enforcement can file kidnapping charges if a child is taken from legal custody without the other parent's consent.
Kidnapping is often classified as a felony, with prison sentences ranging from 15 to 63 months for second-degree kidnapping and 44 to 182 months for first-degree kidnapping. The severity of the crime can be influenced by factors such as the use of a deadly weapon, intentional maltreatment of the victim, or sexual exploitation.
Drug distribution, also known as drug trafficking, is another serious offense that falls under felony charges. It involves the illegal sale and distribution of controlled substances. The specific laws and penalties for drug distribution vary across different states and jurisdictions. However, it is generally considered a felony and carries significant penalties, including lengthy prison sentences and high fines.
In addition to kidnapping and drug distribution, other examples of felonies include violent crimes such as robbery, homicide, and sexual assault. Felonies are generally punished with prison sentences of one year or more and are distinguished from misdemeanor crimes, which carry shorter jail sentences and smaller fines.
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Juvenile crimes, which are committed by minors
Juvenile crimes are committed by minors, or young people under the age of full legal responsibility. In the United States, this typically refers to individuals under the age of 18, though the maximum age for the juvenile justice system varies between states, with some setting it at 17.
Minors who commit crimes are usually diverted to a separate criminal justice system, geared towards rehabilitation and prevention rather than punishment. This system focuses on providing minors with the tools to become functioning and law-abiding adults, often through education and rehabilitative programs. The types of crimes committed by minors are often similar to those committed by adult offenders, though certain offenses are more common among juveniles. These include petty crimes, violent crimes, and drug and alcohol abuse violations. In fact, according to studies, 80% of minors were under the influence of drugs and/or alcohol when they committed a crime.
The consequences of juvenile crimes vary. While minors may be ordered to pay restitution for damage caused, maintain school attendance, abide by a curfew, or complete educational or treatment programs, incarceration is also a possibility. If a crime is particularly serious, a minor may be tried as an adult and could face jail time. However, even in these cases, a court may be more lenient in sentencing than it would be for an adult offender.
It's important to note that the juvenile justice system aims to protect minors and provide them with a chance to rehabilitate. As such, juvenile criminal records are often sealed once the individual reaches adulthood, allowing them a fresh start.
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Frequently asked questions
Crimes can be broadly categorized into violent and non-violent crimes. Violent crimes involve physical force or harm to another person and include assault, battery, robbery, homicide, kidnapping, domestic violence, sexual assault, false imprisonment, and armed robbery. Non-violent crimes include theft and other property crimes, such as damage to someone else's property or stealing.
Crimes can be classified as infractions, misdemeanors, or felonies. Infractions are the least serious type of crime and usually result in a warning or a small fine, such as trespassing or alcohol-related crimes. Misdemeanors are less serious crimes that can result in a short jail sentence and a fine, such as simple assault, theft, or drunk driving. Felonies are the most serious type of crime, involving significant harm to the public, and carry heavier punishments, such as prison sentences of one year or more and higher fines, including kidnapping and drug distribution.
Criminal law serves several functions in modern society. It helps to resolve disputes peacefully, protect vulnerable individuals, and provide justice for victims. Additionally, it maintains order by providing a system to address injustice and promotes a functioning society by enabling the government to collect taxes, control pollution, and accomplish other socially beneficial tasks.
