Crime lawyer

Wednesday, March 24, 2010

How Are Crimes Categorized Under The Law?

In the United States, each state and the federal government has its own system for classifying crimes, the code under its own legal personality. However, in most cases the crimes are usually along the lines broken.

The first classification between misdemeanors and felonies. Crimes are serious crimes, which are made by imprisonment in the state prison sentence for taking more than a year, or for very serious crimes, death.

Little things are less serious offenses thatpunishable by imprisonment of less than one year in county jail.

Within the two categories of crimes and offenses, other crimes on the seriousness of the crime broken.

For example, a Class A crime of the worst kind of crime and is punishable by imprisonment not exceeding one year and fined a certain amount, which varies from state to state.

Class B offenses are very different, but generally they are not punishable with prison sentencesdo not exceed 180 days.

Class C offenses are not given a rule, prison sentences, but also bring fines.

In the category of crimes the most serious crimes such as first-degree murder, capital crimes are listed. Capital crimes in countries that have the death penalty lead to the death penalty or life in prison.

First-degree crimes are to be with prison terms of at least five years to life imposed.

Second-degree crimes are punishableby imprisonment of not more than 20 years and not less than 2 years.

Are third-degree crimes carry a sentence of not more than 10 years of an offense and not less than 2 years.

The obvious question, what determines whether a particular crime fits one or another category? The answer is a combination of the state law prohibited such crimes, previous offenses and mitigating or aggravating factors.

The Penal Code of this jurisdiction may be classified for example, causesthe death of another in the various types of crimes, depending on whether it is intentional or whether the death was caused in the heat of passion. Theft and robbery can be classified according to who stole whose amount and whether lethal weapons in the commission of the offense may be used.

The defendant's defense lawyer can represent these factors, the seriousness of the crime by showing things like a terrible childhood can mitigate characterized by abuseand neglect, for example. If adopted, these factors could move the crime lessoned or from a higher class down into a lower class.

Other mitigating factors might be to show that the victim before causing harm to the defendant that the defendant not guilty through his sentence was impaired or that the defendant's actions were totally outside of their normal personality (that is, what is being attempted, if the defense presented character witnesses to show that theDefendant is usually a peaceful and law-abiding citizens).

On the other hand, the public prosecutor to present evidence to move aggravating factors that can increase or you could show the crime a class. These aggravating factors to be able to show that the victim was a minor, that the defendant is a deadly weapon in committing the crime that the defendant on the sexual assault along with the theft committed, or that the defendant's actions were particularly heinous, or used willspoiled.

The defendant's prior criminal history also included. Receiving a first time offender may be a lower classification, while a habitual criminal convicted for the same crime, a more severe sentence imposed as a result of receiving classified as a serious crime with his offense.



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