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Criminal law is a branch of law that deals with offenses committed against the public, society, and the state. It encompasses a wide range of crimes, from minor misdemeanors to serious felonies.
Felonies are serious crimes that are punishable by imprisonment for more than one year or even death, depending on the jurisdiction. Some examples of felonies include murder, rape, and robbery.
Misdemeanors are less serious crimes compared to felonies and are generally punishable by fines, probation, community service, or short-term imprisonment. Common misdemeanors include petty theft, disorderly conduct, and simple assault.
Infractions are minor offenses that are typically punishable by fines or other non-criminal penalties. These offenses include traffic violations, jaywalking, or littering.
Actus Reus refers to the physical act or conduct that constitutes a crime. It involves voluntary actions, omissions when there is a legal duty to act, or situations where someone puts another person in danger through their actions.
Mens Rea refers to the mental state or intention of the person committing the crime. It examines whether the accused had a guilty mind, such as intent, knowledge, recklessness, or negligence, when committing the act.
Strict liability crimes do not require proof of intent or a guilty mind. The accused can be held responsible for the crime solely based on the act itself. Examples of strict liability offenses include statutory rape or certain drug-related crimes.
When accused of a crime, individuals have the right to hire an attorney or have one appointed to them if they cannot afford legal representation. A defense attorney will guide them through the legal process, protect their rights, and provide the best defense possible.
Plea bargaining involves negotiating with the prosecutor to reach a mutually beneficial agreement. This can result in a reduced charge, lesser sentence, or dropping of some charges in exchange for a guilty plea.
If the accused pleads not guilty or a plea agreement cannot be reached, the case goes to trial. During the trial, evidence is presented, witnesses testify, and both the defense and prosecution present their arguments. A judge or jury then determines the guilt or innocence of the accused.
If found guilty, the accused may have the option to appeal the verdict or sentence. An appeal seeks a review of the case by a higher court to identify legal errors or constitutional violations that may have affected the outcome.
To learn more about criminal law, browse the articles, FAQs and definitions in our criminal defense content library below