Criminal Defense Laws & Crimes

Criminal and penal law refers to the same type of law. Punishments under these laws can be severe and unique depending on the offense and the jurisdiction. Imprisonment, execution, parole, probation and fines are the most common forms of punishment. On occasion, the lines between civil and criminal law become blurred.

The first written code of law was produced by the Sumarians. Civil and criminal law were not separated in these early codes.

The potential for serious consequences and for failure to follow the rules makes criminal law unique. If imprisonment is ordered, it can be solitary and span the lifetime of the individual. House arrest is another form of confinement that requires individuals to follow rules set forth by probation or parole department. Money and property can also be taken from those who are convicted.

Penalties under Criminal Law

Five categories of penalties include punishment, retribution, deterrence, incapacitation and restitution. These punishments will vary among jurisdictions.

For crimes that have an effect on entire areas and societies because of their heinous nature, public international law applies. Public International Law began following World War 2 with the Nuremburg Trials. These trials marked the beginning of individuals being held accountable even though they were acting on behalf of their government. They cannot claim sovereign immunity.

Creating a fear of punishment is how most laws are enforced.

Generally, undesirable acts are forbidden by criminal law. Actus reus, or guilty act, requires evidence that a crime was committed by an action, a threat of action or a lack of action. Actus reus requires a physical element. If someone is in charge of caring for someone else, whether by contract, blood relation living together or through an official position then actus reus applies. It also applies to situations that are dangerous as a result of one. s own actions. This is where the Good Samaritan Laws apply.

Some crimes, such as regulatory offenses, require no more. These crimes are called strict liability offenses. Due to the potential severity of consequences, proof of intent must be met. Proof of a guilty mind, or mens rea, is required.

For crimes that require both to be present, actus reus and mens rea must be present at the same time. They cannot occur at different times.

Nullifying actus reus can occur by proving that the harm to a person would have happened anyway. If you run a red light and injury a person, actus reus will not be nullified because their injury was a direct result of your intended action.

Mens rea, or a guilty mind, means that there was intention to violate the law. Under criminal law; intention and motive or not the same. Good intentions do not negate criminal intentions.

If a defendant realizes that an act is hazardous but does it anyway, they have met the mens rea requirement. It is known as recklessness. Courts often consider if the individual should have realized the risk or not. Mens rea has been reduced in some areas of criminal law because if the individual should have known the risk, but did not, intent is erased.

The seriousness of an offense can vary due to intent. If an individual has the intent of killing or causing bodily harm that could result in death, it is murder. If someone is killed because of recklessness it could be manslaughter. It does not matter who is actually harmed by the act. If you intend to hit someone but, end up hitting someone else, your intent is then transferred to that person. This is called transferred malice.

Strict liability is a generally used in civil law. It is harm caused by a defendant regardless of intent or mens reas. Not all crimes require specific intent.

Murder is the most often targeted act under criminal law. Some jurisdictions have levels of severity for murder. First degree murder is based on intent and requires malice. Manslaughter is a killing committed in without malice being present. It is often brought about by reasonable provocation, or diminished capacity. A killing involving reckless can be considered involuntary manslaughter in areas that have that offense.

Settled insanity is a possible defense.

Assault and battery can create criminal liability. Rape is considered a form battery.

Trespassing falls under criminal law as does conversion, theft, embezzlement and robbery.

Knowing about a crime or conspiring to commit one can result in criminal charges even if the crime itself is never committed. Some examples of this are: aiding, abetting, conspiracy, and attempt.

Necessity of working with Criminal Defense Lawyers & Attorneys

If you are in the unfortunate position of being charged with a criminal offense, it is essential that you retain good criminal defense lawyers immediately to preserve your rights. There are many factors that go into a criminal charge, and your defense law firm will have specialist attorneys and staff that are experienced and who can dig deep into any factor that is part of your case.

Criminal charges may be brought against a person for many reasons, from DWI/DUI traffic violations, drug offenses, white collar crimes, and personal injury cases such as assault, theft, or sex crimes. These crimes can involve incarceration and felony charges, and you would need an aggressive defense to reduce or eliminate them on your behalf.

Criminal defense lawyers know the US and state laws pertaining to these serious charges and can help you. If violence is involved, or threat of violence, or even a hint to cause harm, you could find yourself locked behind bars for years. Criminal charges can be brought for crimes against a person, or a business, or for theft from a person or business. Larceny, robbery, and burglary penalties can vary according to the value of items involved. An aggressive defense is required to defend yourself against unfair charges and extreme sentences.

Much has been in the news lately about white collar crimes, and the damages caused by internal sabotage, insider trading, fraud, computer crimes and embezzlement. What a person may think only hurts a business can actually harm many more humans in the process. A trial for these matters also demands an aggressive defense against harsh sentences.

For drug offenses, unlawful possession, sale, or use of banned substances can result in jail time. Growing, manufacturing, or making narcotics will have similar penalties. These crimes can put you away for decades, as they are serious offenses. Each case is different, but your experienced group of criminal defense lawyers can sort out the details to help you in court and on appeals.

A crime that will restrict your freedom is serious, and having a team of attorneys who will pursue every avenue of knowledge in such matters is exactly what you need when you appear in court to answer the charges against you. A team that knows and has successfully handled appeals on criminal charges may be able to help you. They are aware of court procedures and restrictions and deadlines involved that must be followed to the letter.

You cannot defend yourself against criminal charges. There is an old saying that the person who defends himself has a fool for a lawyer. Do not lose your freedom or rights because you hesitated in contacting criminal defense lawyers. The time to bring in your defense team is immediately, at your first available call. They will go the extra mile for you, no matter how difficult the trial, or the defense seems to be.

When the chips are down, and you stand alone in the courtroom to face criminal charges, you want to know that you have presented the best criminal defense case possible. Your criminal defense lawyers can give you the best chance possible when you are faced with a criminal offense.

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