The area of law known as criminal law, sometimes called penal law, is often thought to be a simple area of law. Most people know that killing someone is against the law, however do we really think of people that get caught driving drunk as “criminals”? There are many different types of crimes that are punishable by the law and there really are only a few different defenses. With that said it is important to not that if you are accused of committing a crime you will want to seek out the help of a qualified criminal law attorney. Although there are only a handful of actually defenses there are always a lot of different circumstances and one does not want to face the ramifications of any criminal conviction without knowing that they were properly represented by a lawyer that specializes in criminal law.
Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties.
Below is a legal understanding of all of the various crimes that one can be charged with as well as the legally recognized defenses. Additionally we have provided you with a variety of definitions so that you can be educated.
HOMICIDE CRIMES
Homicide: Homicide is the killing of one human being by another human being.
Murder: Murder is the killing of one human being by another human being with malice aforethought.
First Degree Murder: First degree murder is murder by poison, lying in wait, torture, murder done willfully, deliberately and with premeditation or murder that results from a death that occurred during the commission of a dangerous felony; in other words, through application of the felony murder rule.
Second Degree Murder: Second degree murder is all other murders, in other words, those homicides committed with malice aforethought but which do not meet the requirements for murder in the first degree.
Manslaughter: Manslaughter is an unlawful homicide committed without malice aforethought.
Voluntary Manslaughter: Voluntary manslaughter is the intentional killing of a human being by another human being without actual malice or with malice but under mitigating circumstances.
Involuntary Manslaughter: Involuntary manslaughter is the unintentional killing of a human being by another human being without malice but under circumstances involving gross negligence.
Malice Aforethought: Malice aforethought exists when the defendant has a "man endangering state of mind" as evidenced by one of the following intentions:
1. An intent to kill as expressed by the defendant.
2. An intent to cause someone serious bodily harm as implied by the actions of the defendant.
3. A wanton and willful disregard of human life as implied by the actions of the defendant.
4. An intent to resist a lawful arrest in a dangerous manner as implied by the actions of the defendant.
5. An intent to commit a dangerous felony as implied by the actions of the defendant.
OTHER CRIMES AGAINST PERSONS AND PROPERTY
Battery: Battery is the intentional and unlawful, harmful or offensive touching of the person of another.
Assault: Assault Is the intentional threatening of another with a battery and the creating of apprehension of immediate bodily harm in the victim.
Larceny: Larceny is the trespassory taking and carrying away of the personal property of another with intent to permanently deprive the owner thereof.
Larceny by Trickery and Deceit: Larceny by Trickery and Deceit is larceny created through a constructive trespass where consent to take and carry the property of another was obtained by fraud.
Embezzlement: Embezzlement is the fraudulent appropriation of personal property by one to whom possession has been entrusted.
Obtaining Property by False Pretenses: Obtaining Property by False pretenses is the obtaining of possession and title to the personal property of another through false representations of fact with the intent to defraud.
Robbery: Robbery is larceny from the person of another by use of violence or intimidation.
Arson: Arson is the malicious burning of the dwelling house of another.
Statutory Arson: Statutory arson is the malicious burning of any structure.
Burglary: Burglary is the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony therein.
Statutory Burglary: Statutory Burglary is any entry into a structure or vehicle with the intent to commit a felony or the intent to commit theft, including petty theft.
Receiving Stolen Property: Receiving Stolen Property results from the acquisition of control of stolen property with knowledge at the time of receipt thereof that the same is stolen when such is done with wrongful intent.
Extortion: Extortion is the corrupt collection of fees or other things of value by government officials or those acting in an official capacity, such as lawyers representing a client.
Blackmail: Blackmail is the unlawful extraction or communication for extraction of money or other valuables by means of a threat not sufficient for robbery.
Rape: Rape is unlawful sexual intercourse with a woman without her consent.
Statutory Rape: Statutory Rape is the unlawful sexual intercourse with a willing female under the age of consent.
Sodomy: Sodomy is the term used generically to cover what the common law and/or State Legislatures regard as seriously "deviate" or "unnatural" sexual practices.
Mayhem: Mayhem is the malicious maiming or disfiguring of another.
False Imprisonment: False Imprisonment is the unprivileged restraint of another person's freedom of movement.
Kidnapping: Kidnapping is the unprivileged movement of a person against his will from one place to another.
Forgery: Forgery is the false making or material alteration of any writing of legal significance with the intent to defraud.
Uttering: Uttering is to pass or make use of a forged instrument, knowing that it is forged, with the intent to defraud.
DEGREES OF INVOLVEMENT
Solicitation: Solicitation occurs when one counsels, incites, solicits, or requests another to commit an unlawful act.
Attempt: An Attempt occurs when criminal intent becomes accompanied by an act which comes within close proximity of committing a crime.
Conspiracy: A conspiracy results from a combination of two or more persons in an agreement to accomplish a criminal or unlawful act or to do a lawful act by criminal or unlawful means.
Misprision of a Felony: Misprision of a Felony was at common law the nondisclosure of a known felony of another. However, modernly it is the concealment of a known felony of another.
Accessory: An Accessory is one who with knowledge does counsel, command, encourage, or aid in the perpetration of a crime.
Principal in the First Degree: A Principal in the First Degree is an actual perpetrator of a felony.
Principal in the Second Degree: A Principal in the Second Degree is one who is not the actual perpetrator but is actually or constructively present and qualifies as an accessory.
Constructive Presence: Constructive Presence occurs if one is so situated as to give assistance to the perpetrator; for example, the driver of a get away car during a robbery.
Accessory After the Fact: An accessory after the Fact is one who is not the perpetrator but who, with knowledge that the crime was actually committed, aids the felon in avoiding arrest, conviction or punishment.
Compounding the Crime: Compounding the Crime involves the acceptance of anything of value under an unlawful agreement not to prosecute a known offender, or to limit or to otherwise hinder the prosecution of his case.
DEFENSES
The M'Naghten Rule or The Right vs. Wrong Test of Insanity: The M'Naghten Rule or the Right vs. Wrong Test of Insanity holds that a person suffering from a mental disease of the mind is entitled to the defense of insanity when he does not know what he is doing or does not know that what he is doing is wrong. Also, a defendant is entitled to the defense of insanity if he suffers from an insane delusion and if the notion embodied in the delusion and believed to be a fact would excuse the defendant had the fact been true.
Insane Delusion: An Insane Delusion is the product of a mental disorder wherein the defendant has a false belief in something that would be incredible to others and those beliefs remain persistent despite proof to the contrary.
The Irresistible Impulse Test: The Irresistible Impulse Test holds that a defendant is entitled to the defense of insanity if he, because of a mental disorder, knows that he is doing wrong but cannot control his behavior.
The Substantial Capacity Test or Model Penal Code Test: The Substantial Capacity Tests or Model Penal Code Test holds that a defendant is entitled to the defense of insanity if at the time of such conduct, as a result of a mental disease or defect, he lacks substantial capacity to appreciate the wrongfulness of his conduct or the capacity to conform his conduct to the requirements of the law.
The Durham Rule also known as The Product Rule: The Durham Rule which is also known as The Product Rule holds that a defendant is entitled to the defense of insanity if because of a mental disease or defect, an unlawful act was committed
The Diminished Capacity Test also known as The Wells-Gorshen Rule: The Diminished Capacity Test which is also known as The Wells-Gorshen Rule is not a complete defense but does hold that evidence of mental infirmity not amounting to insanity is admissible and should be considered on questions of premeditation, deliberation and malice.
The Defense of Self-Defense: One who is without fault and is either attacked, or in imminent fear of being attacked, may use reasonable force to defend against such attack. If the attack is with so-called "deadly force" the majority rule is that the one attacked may defend with "deadly force" if deemed reasonable under the circumstances. The minority rule requires that the one attacked retreat if there is a safe means of doing so, unless the victim of the attack is in his "castle"(i.e., home).
The Defense of Defense of Others: The Defense of Defense of Others in those jurisdictions that apply the "reasonable appearances test" holds that a person defending another in good faith and in ignorance of the other's fault is justified when acting upon reasonable appearances in defending one whom he is authorized by statute to protect. However, in those jurisdictions that apply the "step-in-shoes test" a person is not allowed to defend another person unless the other person had a right to self defense.
The Defense of Defense of Property: The Defense of Defense of Property holds that person is privileged to use reasonable force falling short of that likely to cause death or serious bodily harm in defense of his property.
The Defense of Prevention of a Crime: The Defense of Prevention of a Crime holds that a person can use reasonable force in prevention of a crime, and such force can be deadly force if reasonably necessary to prevent a dangerous felony such as a burglary, arson, rape, robbery, or mayhem.
The Defense of Privilege of Public Authority: The Defense of Privilege of Public Authority purports that a person who has public authority to commit an act is not criminally liable.
The Defense of Mistake of Fact: The Defense of Mistake of Fact asserts that a mistake of fact will disprove a criminal charge if it is honestly entertained, based upon reasonable grounds and is of such a nature that the conduct would have been lawful had the facts been as they were supposed to be.
The Defense of Mistake of Law: Mistake of Law is not a valid defense to a crime except in those rare instances where it negates an essential element of the crime. Therefore, the old saying "ignorance of the law is no excuse" is appropriate as a general rule.
The Defense of Entrapment: The Defense of Entrapment exists when a law enforcement officer (or an agent of an officer) solicits, induces or encourages another to commit a crime which the other would not otherwise have committed.
The Defense of Unconsciousness: The Defense of Unconsciousness holds that one who is unconscious, for instance, someone walking in their sleep, does not have the capacity to commit a crime.
The Defense of Infancy: The Defense of Infancy holds that a child under the age of 7 does not have the capacity to commit a crime and that there is a rebuttable presumption that a child between the ages of 7 and 14 is incapable of committing any crime but that a child over the age of 14 has the same capacity to commit a crime as an adult.
The Defense of Involuntary Intoxication: The Defense of Involuntary Intoxication will excuse one's actions to the same extent as would a mental disorder if the involuntary intoxication of alcohol or drugs occurred as a result of force, fraud, medical prescription, reasonable mistake or the like.
The Defense of Voluntary Intoxication: The Defense of Voluntary Intoxication will not constitute a complete defense unless the intoxication has developed into a permanent mental disorder. It may, however, mitigate the degree or severity of the crime or charge.
MISCELLANEOUS CONCEPTS AND CRIMES
Felony: A felony, in most jurisdictions, is a crime that is punishable by death or by a sentence of more than one year even though the sentence actually imposed is one year or less. However, in some states, a crime is a felony if the sentence is to be served in a state prison, as opposed to a county or city jail.
Misdemeanor: A misdemeanor is any crime that is not felony.
Perjury: Perjury results from a false oath or affirmation in a judicial proceeding in regard to a material matter.
Subornation of Perjury: Subornation of Perjury results from the procurement of perjury from another.
Embracery: Embracery results from an attempt by corrupt and wrongful means, in other words, through promises, threats, the payment of money, and the like, to influence a juror in regard to the jury's verdict.
Bribery: Bribery is the corrupt payment or receipt of private consideration for official action.
Breach of Peace: A Breach of Peace can result from any willful act which unreasonably disturbs the public peace; for example, breaking the windows of a house, "peeping Tom" activities, etc.
Affray: An Affray is a mutual fight in a public place.
Unlawful Assembly: An Unlawful Assembly is a meeting of three or more people with a common plan which, if carried out, would result in the commission of a crime by open force, or some lawful or unlawful act in a manner likely to cause apprehension of a breach of the peace.
Rout: A Rout is the movement of unlawful assemblers for the purpose of carrying out the common design.
Riot: A Riot is a tumultuous disturbance of the peace by three or more persons acting together to commit a crime by open force or to carry out any common enterprise. (For example, three men congregate outside of a house at night cursing and shouting and shooting pistols in the air)