Criminal law |
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Elements |
Scope of criminal liability |
Severity of offense |
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Inchoate offenses |
Offense against the person |
Sexual offenses |
Crimes against property |
Crimes against justice |
Crimes against the public |
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Crimes against animals |
Crimes against the state |
Defenses to liability |
Other common-law areas |
Portals |
In United States law, a gross misdemeanor is a crime which is more serious than a regular misdemeanor, but is still classified as a minor crime, as opposed to serious crimes. Such crimes may include petty theft, simple assault or driving under the influence of alcohol and/or other drugs. Typically, the maximum sentence is one year in county jail and/or $5,000 in fines. [1] [2] [3]
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.
A misdemeanor is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions and regulatory offences. Typically, misdemeanors are punished with prison time of no longer than one year, monetary fines, or community service.
Burglary, also called breaking and entering (B&E) and housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.
In the United States, a district attorney (DA), county attorney, county prosecutor, state's attorney, prosecuting attorney, commonwealth's attorney, state attorney or solicitor is the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact scope of the office varies by state. Generally, the prosecutor represents the people of the jurisdiction. With the exception of three states, district attorneys are elected, unlike similar roles in other common law jurisdictions.
Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle.
The charge of high crimes and misdemeanors covers allegations of misconduct by officials. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for non-officials, on the grounds that more is expected of officials by their oaths of office.
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indictment. In the United States, an alternative misdemeanor/felony offense lists both county jail and state prison as possible punishment, for example, theft. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, in California, violating COVID-19 safety precautions.
Crime in Washington, D.C., is directly related to the city's demographics, geography, and unique criminal justice system. The District's population reached a peak of 802,178 in 1950. Shortly after that, the city began losing residents, and by 1980 Washington had lost one-quarter of its population. The population loss to the suburbs also created a new demographic pattern, which divided affluent neighborhoods west of Rock Creek Park from the less well-off neighborhoods to the east.
Traffic court is a specialized judicial process for handling traffic ticket cases. In the United States, people who are given a citation by a police officer can plead guilty and pay the indicated fine directly to the court house, by mail, or on the Internet. A person who wishes to plead not guilty or otherwise contest the charges is required to appear in court on the predetermined date on the citation, where they may argue before the judge or negotiate with the prosecutor before being called to appear in front of the judge. Most prosecutors will not negotiate with someone who does not have a lawyer. The person may also request a trial by a written declaration in the following states: California, Florida, Hawaii, Indiana, Louisiana, Nebraska, Ohio, Oregon, and Wyoming. In the case of a trial by written declaration, the accused does not have to be present in the courtroom; they may just explain the reason to defense for the case. Officers are required to turn in their declaration. The judge will then make a decision based on the declarations and evidence from both sides. After the written trial, the accused is allowed to request a new in-person hearing if they are not satisfied with the outcome of the written trial, by filing a trial de novo request.
The Office of the Pardon Attorney assists the president of the United States in his exercise of executive clemency as authorized by Article II, Section 2, of the US Constitution. It is part of the United States Department of Justice and is in consultation with the Attorney General of the United States or his delegate.
Andrew Fois is an attorney who serves as the chair of the Administrative Conference of the United States since 2022. He served as the deputy attorney general for public safety in the Office of the Attorney General in Washington, D.C. from April 9, 2012, to March 2015. He was awarded the Edmund Randolph Award, the Justice Department's highest honor for distinguished service.
Ewing v. California, 538 U.S. 11 (2003), is one of two cases upholding a sentence imposed under California's three strikes law against a challenge that it constituted cruel and unusual punishment in violation of the Eighth Amendment. As in its prior decision in Harmelin v. Michigan, the United States Supreme Court could not agree on the precise reasoning to uphold the sentence. But, with the decision in Ewing and the companion case Lockyer v. Andrade, the Court effectively foreclosed criminal defendants from arguing that their non-capital sentences were disproportional to the crime they had committed.
Moral turpitude is a legal concept in the United States and until 1976 in Canada that refers to "an act or behavior that gravely violates the sentiment or accepted standard of the community". This term appears in U.S. immigration law beginning in the 19th century. Moral turpitude laws typically deal with legal, judicial, and business related transgressions. Moral turpitude laws should not be confused with laws regarding social morality, those are more commonly called under the names of public order crimes, morality & decency laws, and vice crimes.
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:
Thomas Kent Norment Jr. is an American politician who served as the Minority Leader and Majority Leader of the Senate of Virginia. He was elected to the James City County Board of Supervisors where he served as chairman before being elected to the Virginia Senate in 1991. According to the Clerk of the Virginia Senate, Norment was first elected as Minority Leader in 2007 and is tied with Senator Richard "Dick" Saslaw for having switched between Minority and Majority leader more than any other two senators in Virginia's history. Similarly, Senator Norment holds the records for the longest serving Republican senator as well as the longest serving Senate Republican Leader in the history of the Commonwealth.
The United States Marine Corps Criminal Investigation Division is a federal law enforcement agency that investigates crimes against people and property within the United States Marine Corps.
The San Diego County District Attorney is the elected district attorney for San Diego County, California. This office is responsible for the prosecution of both felony and misdemeanor violations of California state law that occur within the jurisdiction of San Diego County, California. Courts within their jurisdiction includes the San Diego Superior Court, the California Court of Appeal for the Fourth District, and the California Supreme Court. Federal law violations are prosecuted by the U.S. Attorney for the Southern District of California. The current District Attorney is Summer Stephan, who replaced Bonnie Dumanis on an interim basis after the latter resigned in July 2017.
Grand juries in the United States are groups of citizens empowered by United States federal or state law to conduct legal proceedings, chiefly investigating potential criminal conduct and determining whether criminal charges should be brought. The grand jury originated under the law of England and spread through colonization to other jurisdictions as part of the common law. Today, however, the United States is one of only two jurisdictions, along with Liberia, that continues to use the grand jury to screen criminal indictments.
Computerized Criminal History
Josh D. Lee is an American lawyer. A shareholder at Lee|Coats, PLC in Vinita, Oklahoma, he has a national practice. He focuses his practice on two specific areas of criminal defense: 1) DUI/DWI and other alcohol-related charges, and 2) drug charges. He is most known as an advocate of open government and has successfully sued governments in the State of Oklahoma to enforce Oklahoma's Open Records law.