Aggravated assault is an assault which criminal laws punish more severely due to its seriousness. Factors which raise an assault to an aggravated assault typically include the use of a weapon, the status of the victim, the intent of the perpetrator, and the degree of injury caused. Assaults that happen in the victim's home can also qualify as an aggravated assault.
Moreover, an intent to scare or frighten another person can be enough to establish assault charges, as well. Battery: Definition Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent.
Find out what the crime of battery is, the different types of battery charges with examples, and common defense strategies used in battery cases. Find out what the crime of battery is, the different types of battery charges with examples, and common defense strategies used in battery cases.
Burglary: Definition and Background. Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; the offender may simply trespass through an open door.
The terms ‘assault’ and ‘battery’, are classed as Summary Offences under the Criminal Justice Act 1988. Both charges can lead to incarceration of the accused if he or she is found guilty; therefore, it is advisable to seek legal advice from an experienced criminal solicitor upon arrest.
Civil false imprisonment. If you commit an act of false imprisonment you can both be charged with a crime and be sued by the victim in civil court. A civil lawsuit is very different than a criminal charge. When a crime occurs, it is up to a prosecutor to charge the suspect in a criminal court.
When there is a lack of premeditation but the killer intended to kill for example, in homicides commonly described as occurring "in the heat of passion" the homicide may draw second degree murder charges or perhaps voluntary manslaughter charges, depending on the state.
In many common law jurisdictions (e.g., England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).
Federal criminal code (18 U.S.C. § 1201) makes kidnapping a serious felony offense, with prison sentences of 20 or more years, depending on prior convictions and the circumstances of the case. Federal law prosecutes international parental kidnapping under a different code (18 U.S.C. § 1204), allowing for three-year prison sentences upon conviction.
Larceny is what most people think of as common theft - the taking of someone else's property without the use of force. The Model Penal Code and the laws of several states place larceny and certain other property crimes under the general category of theft.
Voluntary manslaughter is a separate concept from involuntary manslaughter and has several definitions depending on what state the crime occurs in. Involuntary manslaughter, on the other hand, occurs when someone dies as a result of the defendant's non-felonious illegal act or as a consequence of the defendant's irresponsibility or recklessness.
Mayhem is a common law criminal offense consisting of the intentional maiming of another person. Under the law of England and Wales and other common law jurisdictions, it originally consisted of the intentional and wanton removal of a body part that would handicap a person's ability to defend himself in combat. Under the strict common law definition, initially this required damage to an eye or ...
Vehicle theft is a serious crime with serious penalties, and depending on the intent laws in the state where a defendant is charged and the circumstances of the theft, it can be either a felony or a misdemeanor. Possible sentences for vehicle theft will also be affected by a defendant's criminal history.
Any defendant charged with murder should understand the degree of their murder charges because it can affect the level of punishment and defensive strategies. Capital or first degree charges can result in the death penalty in some states. Understanding the different degrees can literally be a life or death decision.
Charged With Robbery? A Defense Lawyer Can Help. The robbery laws of your state have specific elements that must be proven for any conviction. Among other things, a criminal defense attorney can help you establish facts to counter the elements of the crime and the government's case against you.
Summary convictions are also unique from other criminal charges in that they can be expunged, or removed from your record, after some time. Depending on your age at the time of the conviction, and the offense involved, there are strict requirements for eligibility under the law.