In the United States, crimes can be categorized in the following four ways, felonies, misdemeanors, inchoate offenses, and strict liability offenses. The state and federal governments determine what sort of conduct to criminalize. Major felonies include Murder, Robbery, Manslaughter, Rape, Sodomy, Larceny, Arson, Mayhem, and Burglary.
Some of the misdemeanors are assault, battery, false imprisonment, perjury, and intimidation of jurors. It is recommended to look to the criminal statute in your state to determine the details of these crimes and how they are charged. A felony is considered a severe type of crime. The penalty for this is usually a sentence of at least one year and one day in state prison.
Each department in the state has separate teams of prosecutors, victim advocates, and legal support staff that manage different types of crimes. It is a general rule that more severe crimes receive more severe sentencing.
For example, violent crimes are aggressively prosecuted. Attorneys seek maximum sentences permitted by the state’s sentencing regulations for dangerous offenders, career criminals, and sexual predators. However, not every crime is treated the same way. Conversely, specialty courts and diversion programs are available for nonviolent, lower-level offenders.
With every case, the prosecution must consider the type of offense, the defendant’s criminal history, witnesses, and evidence.
Other attorneys manage to prosecute child abuse, domestic abuse, sexual assault, and elder abuse cases. The lawyers appointed to these cases have expertise in working with these victims. You can look to your local county state website for more information on reporting these crimes and how to seek help immediately if you are a victim.
Furthermore, the acts of violence include the following crimes but are limited to:
Moreover, some states mandate that all cases carrying a penalty of life imprisonment must be presented to the grand jury. All cases of first-degree murder and some cases of severe criminal sexual conduct or repeat sex offenders are punishable by life in prison. Sexual assault cases consist of sexual assaults in which the victim is sixteen or older. But, if the victim is younger than sixteen, they are considered child abusers.
Moreover, sex trafficking is another heinous crime. Unfortunately, these cases are on the rise nationwide. Underage girls and young women are exploited. The law enforcement agencies and the prosecutor’s office arrested several pimps involved in these crimes. This crime is hidden in society and often difficult to detect initially.
The cooperation of the local authorities and community members who report issues can assist law enforcement officers to identify the victims. The victims are often vulnerable to young and minor girls manipulated in the system. Furthermore, these criminals have been charged with sentences of up to 20 years in prison. The young women are not charged with prostitution, and the advocates who assist them through the prosecution process provide support, crisis referrals, and other services needed in their situations.
All states have different degrees of crimes set in their respective counties. In general, three degrees of felony burglary include residential, commercial, and public buildings. Remember that depending on the degree of the crime and the defendant’s criminal history, the guideline sentence can range significantly.
First-degree burglary is when a burglary is committed with a dangerous weapon, a burglary, and an assault or a burglary of an occupied dwelling. The first two examples can be residential or commercial property. The term dwelling refers to a residence; burglary of an occupied dwelling is sometimes called a home invasion. Second-degree burglary is an unoccupied residential burglary.
The following are different buildings that come under this category:
Third-degree burglary is considered the burglary of an unoccupied building, usually a garage or business. For example, some garages are detached from the home, so garage burglaries come into this category. But, if the garage is attached to the home, it would be a residential burglary.
Moreover, there are crimes related to the possession of burglary tools or possession of stolen property. In burglary cases, sometimes there is not enough admissible evidence to charge a suspect with burglary. But, prosecutors may use probable cause to charge another crime, such as possessing burglary tools or stolen property.
Lastly, there are theft and other property crimes. These vary from damage to someone else’s property to stealing someone’s property (theft). With all these crimes, the prosecution must consider all the factors and determine if the crime meets all the elements. Based on the local criminal statute, the penalties and degree of the charges will be determined. As seen earlier, different types of crimes fall under different categories and degrees. Without understanding this, it will be difficult for the authorities to charge the defendant and determine their penalties.
There are multiple functions of criminal law in modern society that are beneficial; below are some of those functions:
For every crime to be proven guilty, it must meet all the necessary elements for that crime. A person commits a crime if they act in a way that fulfills every element of an offense. The criminal code that establishes the offense also establishes the elements of the offense.
Typically, every crime involves three elements:
For a criminal case, the government must provide proof to establish every crime element beyond a reasonable doubt. The government holds the burden of proof.
As stated earlier, there are different types of crimes, and they all carry different penalties. If you encounter any of these crimes and have concerns, do not hesitate to contact a local criminal lawyer near you to assist you with any issues.
LegalMatch Legal Writer
Mariam earned her J.D. from Minnesota Law School in 2017. She joined LegalMatch in late 2019. Prior to Law School, she spent time assisting various federal legislative offices in the state of Minnesota. During law school, she explored topics in family law and government policy work. Currently, interning for the Maryland General Assembly and working on issues in the city of Baltimore. She is also a stay-at-home mother and loves spending time with her children. In her spare time, she enjoys sketching, painting, and trying new cuisine recipes. Read More
Mariam earned her J.D. from Minnesota Law School in 2017. She joined LegalMatch in late 2019. Prior to Law School, she spent time assisting various federal legislative offices in the state of Minnesota. During law school, she explored topics in family law and government policy work. Currently, interning for the Maryland General Assembly and working on issues in the city of Baltimore. She is also a stay-at-home mother and loves spending time with her children. In her spare time, she enjoys sketching, painting, and trying new cuisine recipes.
LegalMatch Legal Writer