A crime is any act (or omission) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Laws vary significantly from state to state.
Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes.
In a criminal case the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.
Crimes include both
felonies (serious offences like murder or rape) and
misdemeanours (less serious offences like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanours are crimes punishable by less than a year. You have the right to a jury trial when charged with a felony crime.
Most ordinary crimes are covered by state criminal laws. For example, a burglary that took place within a state, committed by local residents, is covered by state criminal laws and ordinarily will be prosecuted by local prosecutors.
Federal criminal laws deal with:
- Federal property
- Federal employees
- Federal taxes
- Receipt of federal benefits
- Federally guaranteed civil rights
- Crimes involving interstate commerce (transporting goods or individuals across state lines)
To convict a criminal defendant, the prosecutor must prove the defendant guilty beyond a reasonable doubt. As part of this process, the defendant is given an opportunity to present a defence.
Sentencing and punishment for crimes is often harsh. Criminal prosecution can be advanced against children (juveniles) and adults alike. The criminal process is quite detailed, rigorous, and time consuming. It is often stressful on both the individual suspected of the crime, and that individual's friends and family. Hiring the right criminal defense lawyer can often make a substantial difference in your case.
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