The realm of law can be quite complicated for those unfamiliar with its intricacies, but when it comes to the field of criminal law, it can get even more challenging. This aspect of the law consists of a number of complexities and nuances, requiring attention to be paid to the details of every case. Criminal law refers to the study of criminal behavior and its consequences. There are numerous types of crimes, each with its own established group of punishments and guidelines. Also, crime can constitute anything from a minor offense to manslaughter.
“Every crime is punishable under the law, and the law is enforced by a government,” says attorney Omeed Berenjian of BK Law Group. Hence, criminal law can be said to be the relationship between the government or state and the individuals beholden to that government.
Misdemeanors, Infractions, and Felonies
Misdemeanors are not as serious as felonies. A major difference between these two is that misdemeanors usually get fines or imprisonment that runs for less than a year. Misdemeanors comprise simple assault, DUI (driving under the influence), and petty theft. Felonies are more serious crimes, and an offender could be punishable by death or long prison terms. Felonies include rape, robbery, and murder. Cases of this nature will require you to have a criminal lawyer by your side. You should also note that felony offenders lose specific rights, such as the right to own a firearm or to vote. There is a third type of crime known as an infraction. Infractions are less serious than misdemeanors and felonies and are usually punished with fines. An example is littering or jaywalking.
The Three Elements of a Crime
If a person is convicted of any crime, the prosecutor must have proven three things beyond a reasonable doubt. The first is actus reus, which implies that the person committed the act. The second is mens rea, which implies that the person was mentally stable enough to commit the act. The third is causation, which implies that there was an intent to commit a crime.
The Four Types of Defences
Four types of defenses could be utilized in any criminal case, and they are self-defense, duress, necessity, and intoxication:
- Self-defense is a form of defense against a criminal charge. It is used when the defendant reasonably believes and can prove that they used force to defend themselves. However, they need to prove that they were in danger of bodily harm before they used self-defense.
- Necessity is a defense used against a criminal charge. It is used when the defendant reasonably believes that their actions were necessary to prevent further harm to themselves or other people in the environment.
- Duress is a defense used against a criminal charge. It is used when the defendant believes and can prove that they will be harmed if they do not perform the act in question.
- Intoxication is a defense used against a criminal charge. It is used when the defendant was discovered to be drunk at the time of the crime.
The Burden of Proof Beyond a Reasonable Doubt
The burden of proof refers to the responsibility to prove a case beyond a reasonable doubt to establish guilt. In other words, the jury must see enough evidence that shows that the defendant is guilty of the charge. Usually, if a prosecutor can only prove 50 percent guilty, then the jury is well within their right to acquit. However, if that figure goes to 51 percent, the jury may convict.
The Presumption of Innocence
The presumption of innocence assumes a person is innocent of any claim leveled against them until facts and evidence are presented to establish their guilt. This ties in with the burden of proof, where the prosecutor is required to prove beyond a reasonable doubt that the defendant is guilty. The presumption of innocence also gives the defendant the right to remain silent throughout the trial.
Conclusion
If you have been charged with a crime, you have to know the severity so you can plan your next steps. Consult a qualified attorney to know more about your rights and what options you have. And remember, every defendant is innocent until proven guilty.
