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WHAT IS A CRIMINAL CASE?

 A criminal case occurs when the government is attempting to punish someone for an act that has been classified as a crime by Congress or a state legislature.  

Facts About Criminal Cases:

In a criminal case, a prosecutor initiates and controls the case, not the victim.  The prosecutor may file criminal charges even if the victim doesn't want to.

If a defendant can not afford an attorney, a government-paid attorney will be appointed to them.

A person found guilty of a crime may be ordered to pay a fine or be incarcerated.  

A defendant's guilt must be proven by the prosecutor "beyond a reasonable doubt."

Defendants in a criminal case are entitled to a trial by jury if requested.

WHAT IS A CRIME?

A crime is any behavior that is punishable by fine or incarceration.  In the United States, an act is considered criminal when Congress or a state or local legislature has defined it as a crime.

WHY CRIMES ARE CRIMES:

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Many acts that are considered criminal have their origin in moral percepts that were originally only enforced by Churches.

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Usually any act that is carried out with an antisocial intent are usually considered punishable.

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Other acts that we consider crimes today were adopted from crimes established under English law when the United States became a country.

FELONIES & MISDEMEANORS:

Whether a crime is a Felony or Misdemeanor depends on the potential punishment.  If a law provides for imprisonment for longer than one year, the crime is usually considered a felony.  If the punishment is for less than a year, the crime is considered a misdemeanor.

Felonies are classified according to the seriousness of the offense into five categories:

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Capital Felonies - An individual found guilty of a capital felony shall be punished by the death penalty or imprisonment for life.

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First Degree Felony - An individual found guilty of a first degree felony shall be punished by imprisonment for life or any term not to exceed 99 years or less than 5 years.

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Second Degree Felony - An individual found guilty of a second degree felony shall be punished by imprisonment for any term not to more than 20 years or less than 2 years.

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Third Degree Felony - An individual found guilty of a third degree felony shall be punished by imprisonment for any term not more than 10 years or less than 2 years.

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State Jail Felony - An individual found guilty of a state jail felony shall be punished by confinement in a state jail for any term not more than 2 years or less than 180 days.

Misdemeanors are classified according to the seriousness of the offense into three categories:

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Class A Misdemeanor - An individual found guilty of a Class A Misdemeanor shall be punished by a fine not to exceed $4,000.00 or confinement for a term not to exceed one year.

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Class B Misdemeanor - An individual found guilty of a Class B Misdemeanor shall be punished by a fine not to exceed $2,000.00 or confinement for a term not to exceed 180 days.

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Class C Misdemeanor - An individual found guilty of a Class C Misdemeanor shall by punished by a fine not to exceed $500.00.

 

 

 

 

 

 

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Last modified: July 17, 2006
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