Chapter 2: Criminal Law

Crime: an act against society which is punishable under federal or state law.

Prosecutor (District Attorney “DA”) is given the case.

Defense Attorney: Hired/appointed by the accused to represent them in a court of law.

 

I. Types of Charges:

1. Felonies: any criminal act that’s punishment exceeds 1 year in jail.
   • Levels of felonies: A, B, C, D, E.
2. Misdemeanor: Lesser criminal acts punishable with less than 1 year in jail and/or fines.
   • Levels of misdemeanors: A and B.

II. Elements of a Crime:

1. Criminal Act/Statute– statutes that define specific criminal acts. There must be a statute (NYS penal code) defining the act.
2. Required state of mind (Intent)– Each statue MUST define the intent, a state of mine of the accused.
3. Motive does not play a part in the accusation, but it does in the trial.

III. Types of Crimes:

1. Crimes against people.
   
   • “Cides”-the taking of a life (ex. homicide, suicide, genocide)
     • Homicide– taking the life of another human being.
       1. Murder– Killing of another with malice aforethought (evil intent)
          • premeditation
          • level of cruelty
          • public official
          • while committing another felony
       2. Manslaughter– Killing another without malice aforethought “Involuntary Death” or “Voluntary Manslaughter”.
       3. Assault and battery– the only offense that is criminal and/or civil.\
          • Battery- the unlawful touching of another
          • Assault- an attempt to commit a batter
          • Aggravated Assault and Battery- considered a felony and defined as assault with the use of a potentially deadly weapon.
       4. Kidnapping– the unlawful removal and/or restraint of a person against their will. (ransom, torture, rape) Felony A-B
       5. Sexual Offenses
          
          • Rape- forced sexual intercourse
          • Statutory Rape- forced sexual intercourse with a minor
2. Crimes against property.
   • Burglary– Breaking and entering of a dwelling (typically at night) with the intent of committing larceny (stealing).
   • Larceny– unlawful taking and carrying away of another’s personal property.
     • Petty Larceny: Anything less than 25o dollars.
     • Grand Larceny: Anything greater than 250 dollars.
3. Crimes against business interests.