Criminal Law
Criminal law deals with those statutes involving crimes against
the public and individuals with penalties and all the procedures
connected with charging, trying, sentencing and imprisoning defendants
convicted of crimes. The harm that criminal law aims to prevent
varies: it may be physical harm, death, or bodily injury to human
beings; the loss of or damage to property; sexual immorality;
danger to the government; disturbance of the public peace and
order; or injury to the public health.
Behavior that threatens to cause, but has not yet caused, a
harmful result may be enough to constitute a crime. Thus, Criminal
law often strives to avoid harm by forbidding conduct that may
lead to harmful results.
Criminal law involves prosecution by the government of a person
for an act that has been classified as a crime. Crimes are classified
in many different ways: common law crimes versus statutory crimes,
and crimes that are evil in themselves versus those that are
criminal only because the law says so. An important classification
is the division of crimes into felonies or misdemeanors. This
distinction is based on the severity of the crime and is rooted
in common law. Persons convicted of a crime may be incarcerated,
fined, or both if the prosecution proves them guilty beyond reasonable
doubt of every fact presented in the courtroom.
Sacramento Criminal Lawyers
Felony
A Felony is a crime carrying a minimum term of one year or more
in state prison, since a year or less can be served in county
jail. However, a sentence upon conviction for a felony may sometimes
be less than one year at the discretion of the judge and within
limits set by statute. Felonies are sometimes referred to as "high
crimes" as described in the U.S. Constitution.
Misdemeanor
A Misdemeanor is a lesser crime punishable by a fine and/or
county jail time for up to one year. Misdemeanors are distinguished
from felonies, which can be punished by a state prison term.
They are tried in the lowest local court such as municipal, police
or justice courts. Typical misdemeanors include: petty theft,
disturbing the peace, simple assault and battery, drunk driving
without injury to others, drunkenness in public, various traffic
violations, public nuisances and some crimes which can be charged
either as a felony or misdemeanor depending on the circumstances
and the discretion of the District Attorney.
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APPEALS
A convicted criminal may
appeal his or her conviction and sentence to a higher court,
known as an appellate court. The appellate court will review
all or part of the written record of what transpired at the
trial to determine whether any error prejudicial to the defendant
was made. If any such error occurred, as where the trial court
erred in its rulings on the admissibility of evidence or in its
instructions to the jury on the law to be applied, the appellate
court usually remands (returns) the case for a new trial. Sometimes,
however, the error is of a type that leads to a reversal of conviction
and the release of the defendant. For example, if the trial
court incorrectly refused to declare unconstitutional the statute
on which the prosecution was based, the appellate court would
nullify the conviction, and the defendant would go free. In such
a situation a new trial based on the unconstitutional statute
is not permitted. If the appellate court finds no error or deems
any errors harmless-that is, not substantial and not prejudicial
to the interests of the defendant-it affirms the conviction.
HABEAS CORPUS
A person who has been
convicted, sentenced to imprisonment, and incarcerated may apply
to a court for a writ of habeas corpus, a court order to release
the defendant from imprisonment. (Habeas corpus is a Latin phrase
meaning "you have the body.") Through such a writ the individual
tests the legality of his or her detention and seeks to redress
fundamental defects in the process leading to conviction. The
grounds for granting relief (release from detention) under the
habeas corpus writ are limited and vary slightly depending on
the jurisdiction. Many jurisdictions limit the scope of the habeas
corpus writ to situations in which the convicting court lacked
jurisdiction over the defendant or over the crime. Others grant
relief in circumstances in which the conviction was obtained
in violation of the defendant's constitutional rights and there
is no other remedy to correct the violation.
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Sex Offenses-Forcible
Any sexual act directed against another
person, forcibly and/or against that person's will: or not
forcibly or against the person's will where the victim is
incapable of giving consent.
Forcible Rape - is the carnal knowledge of a person,
forcibly and/or against the person's will; or not forcibly
or against the person's where the victim is incapable of
giving consent because of his/her temporary or permanent
mental or physical incapacity (or because of his/her youth).
Forcible Sodomy - is oral or anal sexual intercourse
with another person, forcibly and/or against that person's
will; or not forcibly and/or against the person's will where
the victim is incapable of giving consent because of his/her
youth or because of his/her temporary or permanent mental
or physical incapacity.
Sexual Assault With An Object - is the use of an object
or instrument to unlawfully penetrate, however slightly,
the genital or anal opening of the body of another person,
forcibly and/or against that person's will; or against the
person's will where the victim is incapable of giving consent
because of his/her temporary or permanent mental or physical
incapacity.
Forcible Fondling - is the touching of the private parts
of another person for the purpose of sexual gratification,
forcibly and/or against that person's will; or, not forcibly
and/or against the person's will where the victim is incapable
of giving consent because of his/her youth or because of
his/her temporary or permanent mental or physical incapacity.
Sex Offenses-Non-Forcible:
Unlawful, non-forcible sexual intercourse
(limited to Incest and Statutory Rape)
Incest - is the non-forcible sexual intercourse between
persons who are related to each other within the degrees
wherein marriage is prohibited by law.
Statutory Rape - is the non-forcible sexual intercourse
with a person who is under the statutory age of consent.
