Criminal Defense
The best hope in a criminal case is to
have a criminal attorney give you legal help
with your criminal case. They are highly
recommended to protect your rights and
secure the best possible deal for your case.
Criminal defense lawyers will know what the
best case and worst case scenarios are and
properly advise your of your legal rights
based on the crime you have committed. If
you don't use a criminal defense attorney,
you could be jeopardizing your future and
the severity of the punishment for your
crime. If you have been accused of a dui or
dwi then a dui attorney will be your best
bet to help.
What is a Crime?
A crime is defined as any act or omission
(of an act) in violation of a public law
forbidding or commanding it. Criminal law is
primarily defined by local, state and
federal governments. Criminal law varies
from state to state,
Criminal law crimes include both felonies
and misdemeanors. Felonies are more serious
criminal offenses such as murder or rape.
Misdemeanors are less serious criminal
offenses such as petty theft or jaywalking.
Felonies are punishable most of the time for
a minimum of one year in prison.
Misdemeanors are punishable for less than
one year in prison.
Most criminal law crimes consist of two
key elements; an act and a mental state.
Criminal law prosecutors have to prove all
elements of the criminal law crime to gain a
conviction. In addition, the criminal law
prosecutor must convince a jury or judge
‘beyond a reasonable doubt’ of all facts
needed to validate the guilt of the crime
charged.
Types of Crimes
Felony - A felony is an offense
punishable by a term of imprisonment
exceeding one year or by death.
Misdemeanor - A misdemeanor crime
punishable by imprisonment in a county jail
for up to one year or jail and fine
Crime and Criminal
Procedures
KIDNAP
To lead, take, or entice a person away,
or to detain an individual with intent to
hold them for ransom as a hostage or for the
purpose of inducing compliance with a demand
or obtaining any advantage.
- Ransom money
- Hostage taking
- International parental kidnapping
ASSAULT
1. An act that intentionally or recklessly
causes another to apprehend immediate and
unlawful personal violence.
2. A general word to include both a threat
of, and the actual infliction of, personal
violence.
3. A form of the tort of trespass to the
person.
- Sec. 111. - Assaulting, resisting, or
impeding certain officers or employees.
- Sec. 112. - Protection of foreign
officials, official guests, and
internationally protected persons.
- Sec. 113. - Assaults within maritime and
territorial jurisdiction.
- Sec. 114. - Maiming within maritime and
territorial jurisdiction.
- Sec. 115. - Influencing, impeding, or
retaliating against a Federal official by
threatening or injuring a family member.
- Sec. 116. - Female genital mutilation.
Read more about Assault and Battery laws.
EMBEZZLEMENT AND THEFT
1. Embezzlement -A
statutory offence committed by a clerk or
servant who misappropriates property
received in the course of employment for,
and under the authority of, the master or
employer.
2. Theft -A theft is
the term normally describing the offence of
stealing or larceny.
HOMICIDE - MANSLAUGHTER, MURDER
The crime of homicide is classified as
either manslaughter or murder.
1. A killing, lawful or unlawful, of one
human being by another.
2. Unlawful killing with or without intent
to kill or do grievous bodily harm.
AGGRAVATED SEXUAL ABUSE & ASSAULT
By Force or Threat -
Whoever, in the special maritime and
territorial jurisdiction of the United
States or in a Federal prison, knowingly
causes
1. by using force against that other
person; or
2. by threatening or placing that other
person in fear that any person will be
subjected to death, serious bodily injury,
or kidnapping; or attempts to do so, shall
be fined under this title, imprisoned for
any term of years or life, or both.
By Other Means - Whoever, in the
special maritime and territorial
jurisdiction of the United States or in a
Federal prison, knowingly:
1. renders another person unconscious and
thereby engages in a sexual act with that
other person; or
2. administers to another person by force or
threat of force, or without the knowledge or
permission of that person, a drug,
intoxicant, or other similar substance and
thereby
If you would like more
information about Criminal Law in Wisconsin, or have
questions on any topics which concern a legal
matter, please contact Rob Wertheimer for a free
initial consultation at 715-381-1273 |
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