CRIMINAL LAW & CRIMINAL DEFENSE

What is Criminal Law?

Criminal law involves government prosecution of an individual for an act that is classified as a crime. Criminal cases are tried through a state prosecutor who initiates the criminal lawsuit. Individuals who are convicted of a crime may be incarcerated, fined, or a combination of both.

What is a Crime?

A crime is defined as any act or omission (of an act) in violation of a public law forbidding or commanding it. Criminal law is primarily defined by local, state and federal governments. Criminal law varies from state to state, see Criminal Codes by state.

Criminal law crimes include both felonies and misdemeanors. Felonies are more serious criminal offenses such as murder or rape. Misdemeanors are less serious criminal offenses such as petty theft or jaywalking. Felonies are punishable most of the time for a minimum of one year in prison. Misdemeanors are punishable for less than one year in prison.

Most criminal law crimes consist of two key elements; an act and a mental state. Criminal law prosecutors have to prove all elements of the criminal law crime to gain a conviction. In addition, the criminal law prosecutor must convince a jury or judge ‘beyond a reasonable doubt’ of all facts needed to validate the guilt of the crime charged.

TYPES OF CRIMES

Felony - An offense punishable by a term of imprisonment exceeding one year or by death.

Misdemeanor - a crime punishable by imprisonment in a county jail for up to one year or jail and fine

CRIMES AND CRIMINAL PROCEDURE

KIDNAP

To lead, take, or entice a person away, or to detain an individual with intent to hold them for ransom as a hostage or for the purpose of inducing compliance with a demand or obtaining any advantage.

- Ransom money
- Hostage taking
- International parental kidnapping

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ASSAULT

1. An act that intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.

2. A general word to include both a threat of, and the actual infliction of, personal violence.

3. A form of the tort of trespass to the person.

- Sec. 111. - Assaulting, resisting, or impeding certain officers or employees.
- Sec. 112. - Protection of foreign officials, official guests, and internationally protected persons.
- Sec. 113. - Assaults within maritime and territorial jurisdiction.
- Sec. 114. - Maiming within maritime and territorial jurisdiction.
- Sec. 115. - Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member.
- Sec. 116. - Female genital mutilation.

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EMBEZZLEMENT AND THEFT

1. Embezzlement -A statutory offence committed by a clerk or servant who misappropriates property received in the course of employment for, and under the authority of, the master or employer.

2. Theft -A term normally describing the offence of stealing or larceny.

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HOMICIDE - MANSLAUGHTER, MURDER

1. A killing, lawful or unlawful, of one human being by another.

2. Unlawful killing with or without intent to kill or do grievous bodily harm.

Murder - the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree. Any other murder is murder in the second degree.

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Manslaughter - the unlawful killing of a human being without malice.
It is of two kinds:

Voluntary - Upon a sudden quarrel or heat of passion.

Involuntary - In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.

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OTHER TYPES OF HOMICIDE:

- Attempt to commit murder or manslaughter

- Protection of officers and employees of the United States

- Misconduct or neglect of ship officers

- Murder or manslaughter of foreign officials, official guests, or internationally protected persons

- Conspiracy to murder

- Murder by a Federal prisoner

- Foreign murder of United States nationals

- Murder by escaped prisoners

- Killing persons aiding Federal investigations or State correctional officers

- Protection against the human immunodeficiency virus.

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AGGRAVATED SEXUAL ABUSE & ASSAULT

By Force or Threat - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly causes

(1) by using force against that other person; or

(2) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.

By Other Means - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly:

(1) renders another person unconscious and thereby engages in a sexual act with that other person; or

(2) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby

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