Crime Explained

Helpful Link: http://criminal.findlaw.com/criminal-charges/ (many of the definitino below are from this Web site)

Murder

First degree murder is the most serious criminal homicide. Typically, first degree murder is both intentional and premeditated. Premeditated can mean anything from a long time plan to kill the victim, to a shorter term plan. The intent of the accused murderer does not need to be focused on the actual victim. If someone planned on killing one victim, but by accident kills someone else, the murder is still intentional and premeditated meaning a first degree murder charge. Here is more information about your state’s first degree murder laws.

When there is a lack of premeditation but the killer intended to kill for example, in homicides commonly described as occurring “in the heat of passion” the homicide may draw second degree murder charges or perhaps voluntary manslaughter charges, depending on the state. Here is more information about your state’s second degree murder laws.

• Negligent Homicide is a lesser included offense to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with imprisonment time comparable to manslaughter. U.S. states all define negligent homicide by statute. In some, the offense includes the killing of another while driving under the influence of drugs or alcohol. Examples of such cases include the crash of Aeroperu Flight 603 near Lima, Peru. The accident was caused by a piece of masking tape that was
  accidentally left over the static ports (on the bottom side of the fuselage) after cleaning the aircraft, which led to the crash. Employee Eleuterio Chacaliaza left the tape on by accident and was charged with Negligent homicide.

forcible rape

• The crime of rape (or “first-degree sexual assault” in some states) generally refers to non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress. A lack of consent can include the victim’s inability to say “no” to intercourse, due to the effects of drugs or alcohol. Rape can occur when the offender and victim have a pre-existing relationship (sometimes called “date rape”), or even when the offender is the victim’s spouse.Under a variation known as “statutory rape,” some states make it unlawful for an adult to engage in sexual intercourse with a person who has not reached the age of consent (usually 18 years of age).

victimless crimes:

Crime where there is no apparent victim and no apparent pain or injury. This class of crime usually involves only consenting adults in activities such as Prostitution, Sodomy, and Gaming where the acts are not public, no one is harmed, and no one complains of the activities. Some groups advocate legalizing victimless crimes by removing these acts from the law books. Other critics complain that there is no such thing as a victimless crime; whenever one of these crimes is committed but goes unpunished, individual mores, societal values, and the Rule of Law are undermined or compromised, rendering society itself the victim.

Aggravated assault is a more serious form of threat than ordinary assault. This may be because the threat was made with a deadly weapon, or with intent to rape, maim, or murder. So if someone threatens another while holding a large stick, that is probably simple assault, but if the assailant has a gun or knife, that would most likely be the more serious crime of aggravated assault. If the assailant holding the stick threatens to rape or kill the victim, that might also be aggravated assault.

• In most states, an assault/battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Many states declare that a more serious or “aggravated” assault/battery occurs when one 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon. Historically, laws treated the threat of physical injury as “assault”, and the completed act of physical contact or offensive touching as “battery,” but many states no longer differentiate between the two.

Robbery is another specific intent crime, requiring both theft and a form of violence or threat of violence used to deprive someone of their property. The most common example of a robbery is a convenience store holdup, in which a robber threatens to shoot a cashier unless the cashier hands over the loot.

Robbery is commonly known as a “holdup” or a “stickup” (i.e. bank robbery or mugging)

Burglary is the intent to break into a building without consent with the intent of committing a crime inside (including theft). Burglary is a specific intent crime, requiring that the burglar knowingly intend to commit a crime while inside. A person does not have to forcibly enter a building to commit burglary; going in through an unlocked window or door can still fulfill the “breaking” element of burglary.

• ‘Forcible entry’ is when windows and doors are broken or forced; screens, walls or roofs are broken; tools are used; locks are picked, etc. You might also hear about ‘attempted forcible entry,’ which is when a burglar attempts to enter but is frightened off.

Robbery vs. Burglary:

Larceny is similar to burglary. The major difference between the two is that the perpetrator did not illegally enter a structure by using forcible, non- forcible or attempted forcible entry (with the exception of a motor vehicle.)

• All thefts of motor vehicles or from motor vehicles (parts, accessories, personal property) are considered larcenies whether the vehicle was locked or unlocked.
• Along with motor vehicle theft, larcenies can include purse snatching, shoplifting, theft of any bicycle, fraud, embezzlement, identity theft, forgery, con games, etc.
• auto theft: Jurisdictions may create additional classes or categories of theft to address a particularly troublesome types of theft. Probably the most well-known example is “grand theft auto”, which of course refers to stealing a car. Typically, these more narrowly-categorized types of theft receive harsher punishments than standard, comparable theft-crimes.

Larceny:

White Collar, Embezzlement: