 |
Site Features
|
|
Legal Planning & Services
|
|
Resources
|
|
Join Us
|
|
About BuffaloLawyers.com
|
|
|
Criminal Law
|
September 29, 2023
|
|
|
Criminal law serves its purpose in our communities by setting acceptable standards in our society. All people in our society are expected to obey certain laws under penalty of punishment. Each state and federal government has their own set of laws and each citizen is required to abide by such laws. What is a Crime? A crime occurs when a wrongful act is committed by a person against a state or federal government. When a crime is committed, it is against all members of the community, not just the victim. A victim cannot make the decision whether or not they chose to prosecute the perpetrator of a crime. It is the decision of the government, acting as the victim’s representative, whether or not there is sufficient evidence to prosecute the crime. If a person is convicted of a crime, it is punishable by imprisonment, fine, restitution or other penalty depending the state.
What are the Kinds of Crime? Under our current law, known as common law, crimes are divided into two main categories; felonies and misdemeanors. The primary difference in the two is the seriousness of the crime and the punishment for the crime.
Different states follow different systems of law. Some follow common law, which means that judges follow judgments, or precedents, handed down by the other courts in that state. Others follow penal codes, which are based on the Model Penal Code but are often drafted with state-specific variations. (The Model Penal Code was developed by the American Law Institute and sets forth various definitions, elements and mental conditions required to prove specific crimes and guilt.) So far, about 36 states have revised their criminal law statutes to reflect those found in the code.
All states define crimes within the following basic categories:
Crimes against property These are crimes involving property, like a house, car or money. The majority of crimes in this category involve taking another person's property without permission, for example, theft, burglary, robbery and shoplifting. Property crimes also include entering or damaging another person's property.
Crimes against a person Perhaps the most obvious crime against a person is murder, and there are varying degrees of this crime. This category also includes assault and battery, kidnapping and abduction.
Crimes against the public This category includes public drunkenness and loitering, violation of a noise ordinance and environmental pollution.
Crimes against the government Such crimes include treason (the attempt to overthrow the government), jury tampering, perjury, tax fraud and bribery of a public official.
Anticipatory crimes These are acts done with the intent to commit a crime--regardless of whether that crime successfully occurs--and include conspiring to commit a crime.
Privacy and technology crimes The increase in technology advances has led to an increase in technology-related crimes like computer fraud, hacking and cyberstalking. Wiretapping also falls in this category.
Sex crimes Sex crimes include rape and other criminal sexual conduct that may or may not involve sexual penetration. Many legislatures have been under fire in recent years to eliminate laws against such sex crimes as sodomy between consenting adults.
Drug crimes The majority of inmates in the U.S. prison system are serving sentences for drug crimes. These offenses include everything from simple possession to manufacture and distribution.
"Victimless" crimes This category of crimes is called "victimless" because the actions that fall under it don't necessarily hurt anyone except the criminal. The most common victimless crimes are gambling and prostitution.
Felonies and misdemeanors Punishment for a crime depends on whether it is considered a felony or a misdemeanor. Felonies are generally considered more serious crimes, punishable by death or imprisonment for more than one year. Murder, rape and kidnapping are considered felonies. All other crimes, such as shoplifting and minor vandalism, are considered misdemeanors.
|
|
|
|
|
Featured Lawyers & Firms:
|
| Lipsitz Green Scime Cambria, LLP 42 Delaware Avenue, Suite 120 Buffalo, NY 14202 Attorneys at Law | | Arthur L. Pressman, Esq. 403 Main Street Suite 515 Buffalo, NY 14203 Concentrating in Criminal Law |  | Rosenthal, Siegel, Muenkel & Meyers, LLP 300 Main Street Buffalo, NY 14202 Attorneys at Law | | Cole, Sorrentino, Hurley, Hewner & Gambino, Christopher Pannnozzo & Thomas Hewner 37 Franklin Street Suite 900 Buffalo, NY 14202 Attorneys at Law | | Law Offices of Jason J. Evans 5355 Main Street Williamsville, NY 14221 Attorney at Law |  | Fonda Dawn Kubiak-The Kubiak Law Firm, PLLC 403 Main Street, Suite 415 Buffalo, NY 14203 Attorneys at Law | | Kubiak Law Firm, PLLC 403 Main Street Suite 415 Buffalo, NY 14203 Attorney at Law | | Thomas Trbovich, Attorney at Law 1969 Wehrle Drive Williamsville, NY 14221 Attorney at Law | |
|
|
 |
Real EstateAlthough you can sell a home on your own, it is wise to consult with a real estate attorney as it can get rather complex especially if there are contingencies involved. As the seller, you are normally responsible for paying the broker?s commission.
All potential homebuyers are afraid of purchasing a money pit. A house may look good from an aesthetic standpoint, but what if it develops problems after you've put money down, signed the papers and moved in? A house that seems in perfe...  |
| Wills, Trusts & EstatesWhat is a Will?
Wills have been with us since the first days of recorded history. Archaeologists have found hieroglyphics in Egyptian tombs leaving property to others. The Bible told of the story that Jacob left Joseph a larger inheritance than his brothers received, and of the trouble that ensued as a result.
In our now modern times, wills are somewhat different and certainly more complex. What you put in yours depends on what property and assets you have at the time of your death...  |
|
|