An Overview of the Criminal Law

All crimes may be scrutinized, charged and arbitrated at the federal or the state level. The following sections will contain a brief overview of Criminal laws.]

Types of Crimes
Crimes can be categorized as follows:
1. Felony: Extremely critical offenses are called felonies, in which the accused are required to serve at least one year in jail. Felonies can be further classified as follows:

• Kidnapping
• Rape
• Arson
• Robbery
• Murder

2. Misdemeanor: The minor crimes are called misdemeanors and generally entail below one year in prison. A few of the different kinds of misdemeanor are listed as follows:

• Theft
• Assault
• Public Intoxication
• Vandalism

At times contingent on the criminal code existing in the state and the definition of the offense, some offenses are categorized classified as either misdemeanor or felony. Such offenses that frequently include attacks are called wobblers.

Constituents of Crime
For proving the offense committed by the offender, the prosecuting party must influence the arbiter that the indicted individual had guilt in mind while committing it. The explanation of the mindset of the indicted is dependent on the following:

• Purpose
• Knowledge
• Negligence
• Recklessness

To quote an example of the above, it must be noted that murder happens when an individual purposely kills another person. In order to prove the crime committed by the convicted, the prosecuting party thus requires convincing the jury of not just the act of killing, but also the intent of the killer.

The Rights of the Individual Accountable of Offense
If one is found guilty of misdemeanor, felony, or wobblers, he/she retains some rights after the arrest occurs. This comprises the following:

Right to Remain Silent: This right is offered to reinforce the indicted from uttering something that may verify the commitment of the offense.

Right to Appoint an Attorney: If you are held back at the police station, you are given the right to get in touch with your criminal lawyer. The main role of appointing a criminal attorney is to provide advice to the convicted and to represent him/ her in the court.

Right to a Public Defender: If the individual charged of an offense does not have sufficient finances to hire a lawyer, a public advocate can be hired for representing him/her.

Criminal Law Procedure
In a criminal case, the following steps are followed:

Arrest: This is the initial step in the criminal process, wherein within a certain small period of time, the police will either file a case against you or order your release.

Charge: If one is found guilty of crime, he/ she will have to make an appearance in court for indictment. All the charges against a person are made public and the accused is provided with the chance to file a petition (guilty or otherwise). The arbitrator will declare a trial date if one files a not culpable petition.

Plea Bargain: while waiting for the trial, you can enter "plea bargain" with the prosecuting party. The plea bargain is a procedure in which the convicted pleads guilty to an offense of lower intensity to obtain a less severe punishment.