Serious Crime Laws

In the United States legal system, two major sets of laws are intended to right wrongdoing: civil law and criminal law. Civil law is intended to address behavior that causes some sort of injury to a person or other private party through the use of private civil lawsuits.

The legal penalties for any parties found liable for these acts are generally monetary but may also include court-ordered remedies such as injunctions or restraining orders.

Criminal law is the set of laws that address behavior considered an offense against society, the state, or the public. An individual convicted of a crime will be forced to pay criminal fines and possibly lose their freedom by being sentenced to jail or prison time. It is important to note that regardless of whether someone is being charged with a serious or a minor crime, that accused person still has the right to a trial and certain other legal protections.

Criminal procedure refers to the overall legal process of adjudicating criminal claims for individuals accused of violating criminal laws. The intention behind all criminal procedure laws is the “presumption of innocence.” Presumption of innocence means that a suspect is considered innocent until they are proven guilty beyond a reasonable doubt.

The criminal procedure includes numerous parts of the criminal process, such as:

• Laws regarding stop, detention, and arrest of an individual;
• Laws regarding search and seizure;
• Laws regarding booking and filing charges;
• Laws regarding suspect or eyewitness lineup Identifications;
• Laws regarding assigning a court-appointed lawyer;
• Laws regarding plea bargaining;
• Laws regarding criminal evidence and how evidence may be introduced;
• Laws regarding trial;
• Laws regarding criminal sentencing;
• Laws regarding appeal; and
• Laws regarding probation and parole.

What Is a “Serious Crime”?

The term “serious crime” usually refers to felony or violent crimes that are dangerous to the health and safety of the public. Serious crimes can also include more violent misdemeanors, especially those considered “wobbler” crimes. Wobbler crimes can be charged as a felony or misdemeanor based on the judge’s discretion.

The term serious crime can include any of the following crimes:

• Serious Property Crimes: Examples of serious property crimes include grand theft, arson, and vandalism that results in significant property damage;
• Serious Drug Offenses: Serious drug offenses include distributing, selling, or trafficking drugs;
• Sex Crimes: Sexual assault and human trafficking are serious crimes;
• Violent Offenses: Violent offenses include first-degree murder, second-degree murder, manslaughter, robbery, or any other offense that involves the use of a deadly weapon; or
• White Collar Crimes: In many cases, white-collar crimes such as embezzlement, securities fraud, and tax evasion may be considered serious crimes.

In addition to the above list of common serious crimes, any crime involving interference with government or law enforcement agencies is typically classified as serious. For example, aiding and abetting an individual who has committed a serious crime may also result in the individual who aided and abetted being charged with a serious crime.

What Are the Legal Penalties for Serious Crimes?

As mentioned above, serious crimes may also include more violent misdemeanor charges. As such, the legal penalties for serious crimes will depend on the specific type of crime that the defendant was charged with. However, most serious crimes are charged as felonies. Felonies generally involve legal penalties such as:

• A prison sentence in a federal or local state prison.
  • Common prison sentences for felonies include imprisonment of at least one year and up to life in prison;
• Serious criminal fines of up to $250,000 in some states; and
• Various other legal consequences include the loss of the right to purchase, own, or carry a handgun, the loss of professional licensure, or the loss of a driver’s license if the crime involved using a vehicle.

Are There Any Legal Defenses for Serious Crimes?

In short, yes. Any person accused of and charged with a serious crime will become a criminal defendant. Any criminal defendant is presumed innocent until the government proves that they are guilty beyond a reasonable doubt.

As such, one of the most common legal defenses in a serious crime case is the failure of the prosecution to prove every criminal legal element of the crime beyond a reasonable doubt.

In addition, there are also legal defenses that may be asserted. A legal defense is a defense that excuses or justifies a criminal defendant’s behavior that can sometimes prevent a criminal conviction or reduce a criminal charge. Importantly, not every legal defense will apply to every case, as the availability of the legal defenses will be determined based on the specifics of each case.

Examples of common legal defenses available for serious crime cases include, but are not limited to:

• Self-Defense: A self-defense justification may be allowed when the defendant was not the aggressor, their reaction was a reasonable response to a threat, and they actually and reasonably believed they were in danger of imminent serious bodily injury or death. This can be challenging to prove, especially when witness testimony conflicts with the defendant’s testimony. If fully proven, self-defense will completely absolve the defendant of the crime that they committed;
• Duress Or Necessity: Most states recognize duress and necessity defenses for crimes committed under the threat of death or serious bodily injury. An example would be how if someone forces someone else to steal a car by threatening them with a gun to the head, duress could be asserted in response to a charge of auto theft.
  • Necessity, also known as the lesser harm defense, might suffice if the defendant broke into a mountain cabin to prevent freezing to death in a blizzard. These defenses are highly uncommon, although a criminal defendant has a complete defense if proven;
• Insanity: Generally speaking, mental disease or defect is not a defense. However, suppose the defendant suffered from a severe mental illness or defect at the time of the commission of the offense. In that case, the insanity defense may prevent them from serving an incarceration sentence.
  • Proving insanity requires clear and competent expert testimony; those who successfully plead insanity are not set free. They are sent to medical facilities to be treated and are not released until they are said to regain sanity. In some states, defendants may plead “diminished capacity” as a defense. Essentially, this states that there are some mental diseases and defects that do not affect people sufficiently enough to make them “insane,” but the law recognizes them all the same; or
• Intoxication: Intoxication generally does not provide a defense to criminal charges, especially if the defendant became intoxicated voluntarily. In some cases, where the defense can prove that the influence of drugs or alcohol rendered the defendant unable to be guilty of intentionally committing the crime due to their diminished capacity, intoxication may justify a reduced charge.
  • Alternatively, intoxication may provide a total defense for a defendant who became involuntarily intoxicated. An example of this would be if they committed a crime due to being unknowingly drugged or forced to consume large amounts of alcohol.

Do I Need a Lawyer for Help With a Serious Crime Charge?

As can be seen, serious crimes are often associated with severe criminal penalties. As such, if you have been charged with a serious crime, it is in your best interest to immediately consult with an experienced criminal defense lawyer.

An experienced criminal defense attorney can advise you of your rights and assist you with building a criminal defense. Finally, an experienced criminal defense attorney can represent you during any necessary in-person criminal proceeding.