The criminal law provides rules that must be followed by all members of society. People, companies, and organizations are expected to follow the laws passed by the government because if they don’t there are consequences. The potential penalties for breaking these rules can be severe. Here are 4 things you should know about criminal law.
The General Categories of Crimes
Crimes are categorized into three different groupings: felonies, misdemeanors, and infractions. Crimes are classified depending on how they are defined by state law. In some states offenses such as assault may be prosecuted as either a felony or a misdemeanor based on various factors including severity and whether it was an isolated incident or part of ongoing harassment. The outcome might also depend on what type of weapon was involved and who was injured during the attack.
The biggest distinction between the three categories is the severity of the penalty. Felonies are considered to be much more serious than misdemeanors or infractions. People convicted of committing a felony are often sentenced to jail or prison time.
Those convicted of less serious crimes may only spend up to one year in jail or possibly no time if it falls under a misdemeanor. Some examples that fall into this category include shoplifting, driving without a license, public intoxication, and disturbing the peace.
Infractions are so minor they don’t even require a trial. People charged with infractions can pay a fine and be on their way as long as there is no jail time involved as part of the sentence. For example, if someone gets a speeding ticket they will probably only have to pay it and end up with a driving record that has been slightly tarnished.
Different Categories for Juveniles
Crimes committed by juveniles fall into two different categories: delinquent acts and criminal acts. Delinquent acts are crimes that would be misdemeanors if they were committed by an adult. Criminal acts include felonies.
Both types of crimes can lead to a juvenile being tried as an adult. As the lawyers at Beles & Beles explain, there is, unfortunately, a growing trend of juveniles being tried as adults in some states. Some states determine whether a juvenile will face adult consequences based on what type of crime is committed and how old the perpetrator was at the time it happened. Other factors such as gang involvement, previous convictions, and intimidation may also come into play during this decision-making process.
Juveniles convicted of committing crimes that would have been felonies had they been adults can still spend time in prison for their offenses but it will probably not be as long as what an adult would spend behind bars.
Criminal lawyers work to reduce or waive any penalties for their clients by challenging elements of the investigation, making procedural errors (in police procedure) known during the trial, and using evidence to support the argument that there was no crime committed at all.
The Role of Intent in Criminal Law
To be found guilty of a crime someone must act with intent. This means that even if people didn’t actually cause harm, they can still be convicted if the prosecution can prove beyond a reasonable doubt that they intended to commit the offense. For example, someone who fires a gun into the air at New Year’s Eve celebrations may not have intended to cause harm but they can still be charged if someone gets injured or killed as a result of the gunshot.
Criminal defenses can be based on the argument that a defendant lacked the capacity to form the necessary mental state. Mental incapacity is most often used in cases involving insanity, self-defense, and intoxication.
Also, self-defense and provocation are two types of situational defenses that use lack of intent as a means of negating responsibility if people committed an illegal act but did so in response to another person’s actions. People who commit crimes due to provocation, for example, if they kill their spouse because they caught them cheating, may be able to get charges reduced or possibly dropped completely depending on the state where the crime took place and how it is worded in statutory law.
The Role of Evidence in Criminal Cases
Criminal cases can be won or lost based on the evidence presented during trial proceedings. Prosecutors must present enough evidence to show violations of criminal law occurred and to prove that it happened in a way that would support a conviction at trial (proof beyond a reasonable doubt).
Defenses on the other hand will often use evidence from a crime scene to paint a different picture of what happened. Criminal lawyers work closely with private investigators, forensics experts, and others who help prepare cases for trial and any potential appeals that might follow depending on how things unfold in court.
In conclusion, criminal law is a body of statutory and common law that deals with conduct that is considered harmful to society as a whole. When people violate criminal laws they can be held accountable by the state in several different ways depending on what type of crime was committed and the circumstances surrounding it.