Understanding the Basics of Criminal Law
Understanding the Basics of Criminal Law
Understanding the Basics of Criminal Law
Have you been charged in a criminal case? If so,it is time for you to understand the basics of criminal law and how they apply to your situation say criminal lawyers in Monrovia,CA.
You may or may not be guilty of a crime.If you have been charged with a crime you need excellent representation.When it comes to criminal lawyers Monrovia,CA residents have the experts on their side. You can rest assured you will receive the best representation throughout the court process.
The Origin of Criminal Laws
Who determines if something is a crime?You may know it is not the right thing to do but how does it become a criminal charge'?
The United States Congress and your California state legislatures enact the laws.Some crimes are tried at the state level.For example,a robbery that occurs in California, committed by a California resident,and is covered by state codes and criminal laws will usually be prosecuted at the state level.
Other crimes are prosecuted at the federal level.It is a crime to assault a postman who is federal employee. Other federal crimes include issues with federal property,federal employees, federal taxes,federal benefits,civil rights, and interstate commerce.You will need lawyers in Monrovia,CA whether your crime is tried at the state level or the federal level.
The Division of Crimes
Crimes are split into two categories based on the seriousness of the crime.Felonies and misdemeanors are the two broad categories for all crimes.
A crime can become a felony if it is punishable by more than one year in jail.Murder,rape,robbery,burglary,and kidnapping are felony crimes.When charges with a felony you have the option to a trial by jury.
Misdemeanors are crimes that have a punishment of less than one year. You can still have a trial by jury if the crime is a serious one.
California is now classifying crimes by degree. This is based on the Modern Penal Code'.Criminal lawyers in Monrovia,CA will represent you in first degree crimes such as murder,sexual assault,and kidnapping. On the other end of the spectrum are fourth degree crimes.These crimes are less serious and almost always misdemeanors.
Basic Elements of Crime
Your crime must meet the two basic standards for crimes in order for the prosecutor to get a conviction.A prosecutor must prove a guilty mind and a guilty act.Relying on the Modern Penal Code the following are used to describe the state of mind of the defendant:
Purpose
Knowledge
Recklessness
Negligence
In addition to the two standard elements a crime can also meet specific element of criminal law.If you intentionally kill someone you face three elements: purpose or knowledge,responsible for death,of a person.All elements must be proved beyond all reasonable doubt.
With criminal lawyers Monrovia, CA residents have attorneys with a wide range of expertise.They know the basics of family law in Monrovia,CA,and divorce lawyers in Monrovia,CA and bankruptcy lawyers in Monrovia,CA can offer their experience
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