Riverside Criminal Law

Criminal Law Process
Circumstances of a Crime
Classes of Crimes
Types of Crimes

Criminal law is the type of law that deals with the crimes that are committed and the punishment of the individuals who commit those crimes.  Criminal law differs from civil law because of the impact on society.  Civil cases are seen to be legal disputes between individuals that do not have an impact on the rest of society.  Crimes are considered to have an impact on society, so the theory behind criminal justice is that punishing criminal offenders will restore social order.  Before an offender can be prosecuted and punished, a crime must have occurred.  There are many elements of a crime that must be considered including the type of act, the circumstances, the mental sate of the personal committing the offense, and a number of other variables.  Once the alleged crime has taken place, a process is set in motion for the prosecution and punishment of the offender.

Criminal Law Process

When a crime is alleged to have occurred, someone makes a complaint that is investigated by law enforcement officials.  These law enforcement officers are acting as agents of the government to investigate the alleged crime.  If a crime is found to have occurred, a formal document called a complaint or indictment is filed with the court that has jurisdiction over where the crime took place.  If the case is a federal case and considered a felony, the Fifth Amendment of the Constitution requires that the case is heard by a grand jury for an indictment.  This does not apply to state cases, so each state follows their own guidelines.  Some states do not have a grand jury process in place. 

Once a complaint is filed, the interests of the state are handled by a prosecutor and the defense of the accused is handled by a defense attorney.  The defense attorney can be provided by the state (Public Defender) or can be a private attorney hired by the defendant.  The defendant can also represent himself, but this is not the best course of action due to the potential consequences of losing a criminal case.  The Constitution guarantees many rights to someone accused of a crime.  Under the Sixth amendment, a defendant has the right to a defense attorney, a speedy and public trial, to be confronted by witnesses against him or her, to have the nature of the accusation explained, obtain witnesses in his or her favor, and an impartial jury of his or her peers.  If you have any question about your rights as a criminal defendant, contact a criminal law attorney immediately so you can be sure your rights are preserved.

Circumstances of a Crime

Classes of Crimes

Crimes are classified according to the seriousness of the offense and other factors.  There are several classes of crimes including infractions, lesser included offenses, misdemeanors, and felonies.  Infractions are considered to be minor offenses that are usually some violation of a local ordinance or law.  While an infraction may violate the law, it is often considered a civil offense.  Instead of having the burden of proof in an infraction, the prosecutor must only prove by a preponderance of the evidence that the defendant committed the infraction.  One of the standard characteristics of an infraction is that it is not punishable by jail time or other loss of liberty.  Infractions are usually punished with fines or by the loss of a license or permit.  If you have been accused of a minor offense like an infraction, it is still wise to contact a criminal law attorney to investigate your options and determine the best course of action.

Lesser included offenses are crimes that have all of the elements that are found in a more serious related crime.  If murder is committed, battery is a lesser included offense because all of the elements needed to prove battery are also needed to prove murder.  Lesser included offenses often blend in with the larger offense so defendants cannot be convicted of both crimes.  However, juries can be given the option of finding the defendant guilty of a lesser included offense as an alternative to finding the defendant guilty of the major offense.  In murder cases, the court is required to instruct the jury that they can find the defendant guilty of a lesser included offense like manslaughter.  If the jury finds the defendant not guilty of the major offense, but cannot make a decision on the lesser offense, the defendant cannot be retried for the major offense.  If the prosecutor does decide to retry the defendant, it can only be for the lesser included offense.  If you are facing criminal charges, consult with a criminal law attorney as soon as you can.  Working with a qualified criminal law attorney can help you make sense of the charges you’re facing and help you to navigate the legal system as successfully as possible.

Misdemeanors are lesser criminal acts that are more serious than infractions but less serious than felonies.  Examples of misdemeanors include vandalism, petty theft, prostitution, and writing a bad check.  A misdemeanor is typically distinguished as a crime that is punishable by a maximum of 12 months of jail time.  In addition, misdemeanor offenders often serve their time in local jails as opposed to state prisons like felony offenders.  Punishment for misdemeanors can also include probation, work release programs, and volunteer service programs.  If you have been charged with a misdemeanor, seek the advice of a qualified criminal law attorney.  Being represented by legal counsel can help you to better navigate the legal system.

Felonies are the most serious crimes and typically carry a potential punishment of more than one year of incarceration.  If the felony is serious enough, capital punishment (the death penalty) may also be applied.  Common examples of felonies include rape, murder, burglary, arson, and drug possession and sales.  Felonies can be categorized according to degree or grade.  For example, one state classifies felonies as A through D.  In addition to incarceration, felons also face the loss of rights include voting rights, the right to apply for certain types of work, and the right to hold certain professional licenses.  If you have been charged with a felony, you are facing serious consequences.  Consult with a criminal law attorney to find out your options and defend yourself against the charges.  Not using the services of a criminal law attorney when charged with a felony can result in consequences that last long after your trial is over.

Types of Crimes

Crimes can be classified in one of four ways.  There are inchoate offenses, crimes against justice, crimes against property, and crimes against the person.  All of these types of offenses carry potential penalties that can range from small fines to lengthy prison terms.  An inchoate offense is when someone actively seeks to commit another crime but the other crime is not perpetrated.  Examples of inchoate offenses include solicitation, conspiracy, acting as an accessory to planning a crime, and attempting to commit a crime.  If a defendant is tried on any of these charges, he or she cannot be tried on the more major offense.  The exception is with conspiracy to commit a crime.

Crimes against justice refer to crimes that are perpetrated to interfere with work by law enforcement officers, prosecutors, or other government officials.  Examples of crimes against justice include perjury, bribery, and obstruction of justice.  All of these offenses can interfere with the work of government agents.  Some actions such as destroying documents or hiding evidence can also be considered crimes against justice.  If you have been charged with this type of crime, contact a criminal law attorney so you have solid legal representation and can successfully progress through your case.

Crimes against property include any type of crime that damages the property of another or removes the property of another from his or her possession.  Examples of crimes against property include burglary, larceny, arson, embezzlement, extortion, forgery, and computer crime.  These are often serious offenses, so getting the help of an experienced criminal law attorney can be essential to handling your case correctly.  A qualified criminal law attorney can review the facts of the case and come up with a defense strategy that is most likely to help you win your case or minimize the effects of a conviction as much as possible.

Crimes against the person are any crimes that cause physical or emotional injury or death.  Examples of crimes against the person include murder, rape, assault, battery, robbery, kidnapping, and manslaughter.  These are very serious offenses, so being charged with a crime against the person is a very serious situation for any defendant.  If you have been charged with this type of crime, it is imperative that you contact a criminal law attorney to review your case.  Without the benefit of experienced legal counsel, you could spend years in prison and have a criminal record that will haunt you for the rest of your life.

Contact us about your legal matter today!