Criminal Law

Criminal law is a system of laws concerned with the punishment of individuals who commit crimes. By definition, a “crime” is an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law. A criminal prosecution involves the government deciding whether to punish an individual for their crime.


Personal Crimes

 

Crimes that result in physical or mental harm to another person. When the physical harm to another individual is so severe that it causes death, an individual may be charged with any one of the several categories of homicide, including: first-degree murder, voluntary manslaughter, or vehicular homicide. Violent crimes are also considered a personal crime and can be very severe. These include acts such as: assault and battery, arson, child abuse, domestic abuse, kidnapping, and rape and statutory rape.


Property Crimes

 

Property crimes typically involve interference with the property of another individual. Similarly to Personal Crimes, physical or mental harm to another individual can occur; however, property crimes primarily result in the deprivation of the use or enjoyment of property. Property crimes can encompass theft crimes, such as: burglary, larceny, robbery, auto theft, and shoplifting.


Inchoate Crimes

Inchoate crimes refer to those crimes that were initiated but not completed. This also includes acts that assist in the commission of another crime. These types of crimes require more than an individual solely intending or desiring to commit a crime. Rather, the individual must take a “substantial step” towards the completion of the crime to be found guilty. Some examples of inchoate crimes include aiding and abetting, attempt, and conspiracy. In certain cases, inchoate crimes can be punished to the same degree that the underlying crime would be punished, while in other cases, the punishment might be less severe.


Statutory Crimes

 

Statutory crimes include crimes (in addition to the crimes mentioned above) which are prohibited by statute. Three significant types of statutory crimes are alcohol related crimes, drug crimes, and traffic offenses. These crimes are specifically prohibited by statute because society hopes to deter individuals from engaging in them. 

Alcohol-related crimes include a variety of offenses regarding how and where alcohol can be consumed, such as: Driving Under the Influence (DUI), Open Container Violations, Minor in Possession of Alcohol, Public Intoxication, Underage DUI, Boating DUI, and Selling and Supplying Alcohol.

Drug-related crimes concern any type of involvement in the creation and/or distribution of drugs. This includes drug possession, drug manufacturing, and drug trafficking.

Traffic offenses include crimes that can arise while an individual is operating a vehicle on public roadways. Because a DUI/OWI/DWI involves both alcohol and the use of a vehicle, it is considered both an alcohol related crime and a traffic offense. Other traffic offenses include driving on a suspended or revoked license, driving without a license (DWOL), hit-and-run accidents, reckless driving, and vehicular assault. When a traffic offense results in the death of one or more individuals, it can be charged as a far more serious crime, such as a form of homicide.

Financial crimes often involve deception or fraud for financial gain. These crimes include many types of fraud and blackmail, embezzlement and money laundering, tax evasion, and cybercrime