Criminal law is the body of criminal law which relates to criminal behavior. It also proscribes unlawful conduct perceived as dangerous, threatening, or otherwise threatening to the peace, security, and well-being of other people, inclusive of one’s own self. The law also includes theft, assault, arson, embezzlement, solicitation, riot, conspiracy, burglary, vandalism, and theft.
Civil law deals with noncriminal behavior. It involves disputes between individuals, companies, and organizations based on facts of a person’s or entity’s causation or impact. Civil law does not require the same degree of punishments as criminal law. The same can be said for a person’s property or rights. These can be disputed either by individuals, organizations, or the state.
Criminal procedure and criminal law are separate entities. Criminal procedure refers to proceedings that have to do with an accused for a criminal law trial or defense. Conversely, criminal law refers to the laws and statutes pertaining to crimes. Criminal defense lawyers defend criminal law cases, making arguments for or against a client’s innocence or guilt.
There are several theories associated with criminal law. One such theory is preventive arrest or prosecution. This theory suggests that individuals who commit crimes or those who are involved in the commission of crimes should be made aware that their actions may have criminal consequences that they may not be all that happy with. Other theories of criminal procedure include substantive and procedural laws. Placing the blame on someone for crimes is one such theory of criminal procedure.
Within the area of criminal law, there are two important theories; criminal procedure or criminal process. The first theory is that individuals have the constitutional right to a speedy criminal process. The second theory of criminal law is that individuals have a right to representation. Representation is viewed as an essential part of the right to a speedy criminal process. However, criminal process requires that defendants be afforded the opportunity to present their case in court and make their defenses before the judge or jury.
Within the area of criminal law, there are also criminal acts. Commonly used criminal acts include murder, arson, assault, DUI/DWI, rape, theft, fraud, grand theft, drug possession, drug trafficking, kidnapping, conspiracy, racketeering, embezzlement, accessory after the fact, arson, homicide, assault and battery. Some states have statutory or constitutional provisions that add additional crimes beyond the enumerated ones mentioned above. Many crimes have both a misdemeanor and felony aspect, which carry different penalties.
Criminal acts are not always committed within the confines of a criminal law courtroom. Some civil law cases result in a settlement, without ever entering a courtroom. These may involve negligence or failure of conduct. Negligence refers to a lack of knowledge regarding proper safety measures.
While the above overview of criminal law might seem rather complex, it should be enough to give you a basic understanding. There are crimes and penalties for various types of criminal offenses. Your lawyer can help you understand your situation and the laws in your state.
Some jurisdictions use different laws for different types of crimes. Keep in mind that laws in different states and jurisdictions do not always agree. For example, most states do not have a law that makes it a crime to rob while driving. Most states, however, have a law that makes it a crime to use a deadly weapon in the commission of a crime. You should consult with an experienced criminal law attorney to determine the extent of the charges you face.
In criminal law, there are two major parties in this crime: the prosecutor and the defendant. The prosecutor is the person who is responsible for pursuing the case against the suspected perpetrator. The prosecutor has the responsibility to prove each element of the crime beyond a reasonable doubt. If the prosecutor is not able to do so, the defense can be used to provide proof of guilt.
Not all crimes result in punishment. Some result in fines or probation only. Others result in incarceration. Because of the vast number of crimes and the diverse methods of punishment, criminal law is considered a very complicated area of law. Therefore, many people with no experience in criminal law choose to work with an attorney who is experienced in this area. An attorney with a great deal of knowledge of the laws regarding these complex areas of criminal law will be able to better represent his or her client and ensure that the defendant receives the full potential sentence.
In criminal law, punishments range from criminal fines, which are small amounts of money paid directly to the government or involved with criminal justice programs, to prison sentences and rehabilitation. While in some cases, probation is a sentence of limited imprisonment. Many states have created additional offenses that fall under the civil law category, including battery and assault. In addition, the death penalty is now a part of civil law.