Understanding Criminal Law
Criminal law in the United States is a collection of rules and statutes that combine to describe behaviors and conduct prohibited by the government because it threatens public safety and welfare. It also establishes punishments to be imposed for the commission of any such acts.
Crime and Punishment
Insuring the public safety and well-being is in the hands of both federal and state governments. The authority to make certain conduct illegal begins with Congress, by virtue of the Constitution of the United States. State and local governments also have an exclusive power to pass laws to forbid and punish any act, as long as that law will not breach any provisions of the federal or state constitutions. Criminal law then defines crimes and establishes punishments. Crimes are further categorized or defined by the seriousness of their nature. Generally, they will fall under two possible categories: felonies or misdemeanors. Felonies are a more serious misconduct, involving punishment that can include death or more than one year in prison. Additionally, many state's criminal laws will divide felonies into classes. The classes of felonies impose different levels of punishment depending upon the severity of the crime. Felony attorneys can help individuals understand the laws in their specific cases after being charged with a felony offense. Misdemeanor crimes are all that do not amount to a felony offense. Most misdemeanor offenses will require less than a year of imprisonment. There are significantly milder misconducts, usually termed "violations" rather than misdemeanors and these can include parking violations or traffic infractions, but still fall under criminal laws. Experienced misdemeanor lawyers can help individuals understand their rights after being charged with a misdemeanor offense. To punish an individual for the violation of criminal law involves the process of criminal procedure, which is the gathering of evidence that a crime has been committed and the legal prosecution of the individual in question.
Defining a Crime
The Congress or state is obliged to define crimes with precision and clarity. Generally, a criminal law cannot be defined with ambiguous language, and must be able to be understood by someone of average intelligence. Additionally, any criminal law must include reasonable standards of establishing guilt. To find an individual guilty of an offense, evidence must exist to prove that the individual has knowingly done something forbidden by law, and done so with intent. If the act is somehow committed without intent or knowledge it may fall under the category of negligence and still is punishable under criminal law. Contact experienced criminal defense lawyers for more information about criminal law. If you are charged with a crime, a lawyer can help you achieve a favorable outcome for your case.