All crimes are violations of the law. However, not all criminal actions are considered the same under the law. Some crimes are what are known as white collar crimes. These are crimes like stealing from an employer or attempting to bribe a public official. They do not involve direct harm to another person during the course of the crime. Crimes that involve harming someone else are known as violent crimes.
Violent crimes are the kind of crimes that many people fear the most. They worry about having their home invaded during a burglary, being subject to carjacking while driving and being harmed with a gun when out shopping by someone stealing from the store owner. These are crimes such as mugging another person, raping a minor or killing someone else with a firearm that can cause bodily harm. A violent crime typically faces heavy penalties. Prosecutors are especially interested in protecting the public against those they perceive are unable to observe social norms and unwilling to avoid harming others.
Types of Violent Crimes
In general, the definition of a violent crime is a criminal action that has an element of violence to it. This means that the person wo is accused of the crime has used or threatened to make use of force to hurt the potential victim in some way. The use of force is generally defined as either physical force such as using the body to hurt someone or the use of an item such as a firearm with the intention of using it to hurt the victim. Physical force can also mean as little as a light touch on the person when they did not want that person touching them. Holding someone against their will for even a few seconds can also fall under this definition.
This type of case can be highly complicated. A victim might state that physical force was used when the defendant does not agree their actions fall in that category. A person might have brushed against another person by accident and caused them to fall into the furniture and get hurt. This is considered violence. One spouse might have used physical force against their spouse. Violent crimes also constitute crimes such as kidnapping, gang violence, assault and battery as well as sex crimes. The age of the victim may also be taken into account. A person who strikes a young child may face violent crime charges.
In many instances, violent crimes are prosecuted under state laws. For example, assault and battery is a very common type of violent crime. This crime is usually prosecuted under state laws that govern the penalties for a perpetrator. In other instances, the crime may fall under the federal prosecution jurisdiction. A federal prosecution generally carries more serious penalties than a prosecution and conviction under state laws.
If the defendant uses this kind of force against a federal employee, they can be prosecuted under federal laws. For example, if a person’s home is searched as result of warrant by the Secret Service or by officers of the Bureau of Alcohol, Tobacco and Firearms and the person hurts an officer, that defendant can be prosecuted under federal statutes. This can happen even if the person shoves someone because they believe they had no right to be in their home.
The same is true of a form of violent crime known as domestic violence as well as crimes such as kidnapping. Domestic violence is when someone harms someone in their own home. If they cross state lines this can be grounds for prosecution under sate laws. If someone makes threats on the internet or social media and then carries them out, this can also fall under the category of offenses that may be prosecuted by the federal government. Other crimes that can fall in this category include robbing a bank, abducting a person across state lines against their will using violence and murdering a federal officer or hurting one in the heat of passion.
An Active Defense
Any violent criminal offense is a highly serious matter. Someone who is merely accused of violence against another person can suffer the loss of their personal reputation as well as business losses. It is imperative to deal with this issue as soon as possible. An active defense means searching for evidence that can bolster your case and reduce the possibility of both short term and long term harm. It is essential to find witnesses if possible to help indicate exactly what happened and why it happened. It is also crucial for you to make sure that you are able to explain what happened and why. A good lawyer can help by doing things such as getting access to counseling rather than a jail term.
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