Category Archives: Criminal Defense

Criminal Defense

Crimes

Two things must be present in order for a crime to be committed: an act (the physical element) and a particular state of mind (the mental element). The act is the body of the crime – the corpus delecti. In … Continue reading

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Crimes

Just what is it that makes an act a crime? Some acts are crimes because they are inherently evil, such as murder, rape, robbery, or arson. Other acts are crimes not because they are necessarily evil, but because they are … Continue reading

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Attempted Crime/Solicitation

The mere attempt to commit a crime may also be a crime. An attempt to commit a crime normally involves a specific intent. For instance, attempted murder involves the specific intent to kill. If someone’s intent, however, is only to … Continue reading

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Standard of Proof

The standard of proof in a criminal case is what is referred to as proof beyond a reasonable doubt. Proof beyond a reasonable doubt is a higher standard than either a preponderance of the evidence or the clear and convincing … Continue reading

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Property Crimes

There are several crimes that are classified as crimes against property. Larceny is a property crime that involves the taking and carrying away of the valuable personal property of another with the intent to permanently deprive the person of that … Continue reading

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Personal Crimes & Victimless Crimes

Murder is the most significant crime against a person. Other crimes against a person are such crimes as battery, assault, mayhem, forcible rape, kidnapping, and robbery. Kidnapping is the unlawful carrying away of a person typically for purposes of obtaining … Continue reading

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Steps In The Criminal Justice Process

The major steps in processing a criminal case are as follows: 1) Investigation of a crime by the police. The purpose of a criminal investigation is to gather evidence to identify a suspect and support an arrest. An investigation may … Continue reading

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Felonies & Misdemeanors

Criminal offenses can be divided into two general categories – felonies and misdemeanors. A felony is a crime for which a person can be imprisoned for more than a year. A misdemeanor is an offense for which a person can … Continue reading

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Preliminary Crime – Solicitation

You are guilty of solicitation when you ask someone to commit a crime for you, or to help you commit a crime, or when you advise someone on how to commit a crime. The only act required for a crime … Continue reading

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Bail – What Is It, How It Works

Bail is the money you post with the court to insure that you will show up at the arraignment and all other court proceedings and not disappear until your case is resolved. You will get your money back at the … Continue reading

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