Criminal Defense

Criminal Defense

Criminal defense is a strategic argument that attempts to challenge the validity and sufficiency of the prosecution’s evidence. The prosecution, often referred to as the state, the people, or the United States for federal crimes, is the party trying to prove the criminal charges against you. The prosecution must prove the crime beyond a reasonable doubt. This breaks down as they must prove every element of the crime you have been charged with beyond a reasonable doubt. This is called the “burden of proof,” and it is a heavy one.

Examples of Criminal Offenses vs Defense include: Crimes Against a Person, Crimes against property, Inchoate crimes, Statutory crimes, and Financial crimes.

Homicide

The killing of a human being due to the act or omission of another. Included among homicides are murder and manslaughter, but not all homicides are a crime, particularly when there is a lack of criminal intent. Non-criminal homicides include killing in self-defense, a misadventure like a hunting accident or automobile wreck without a violation of law like reckless driving, or legal (government) execution. Suicide is a homicide, but in most cases there is no one to prosecute if the suicide is successful. Assisting or attempting suicide can be a crime.

For a homicide to be classified as a murder, it must include the following criteria:

  • It must be intentional and not accidental.

  • It must be unlawful.

  • It must be carried out “malice aforethought.”

Vehicular Homicide

The crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving or speeding. Vehicular manslaughter can be charged as a misdemeanor (minor crime with a maximum punishment of a year in county jail or only a fine) or a felony (punishable by a term in state prison) depending on the circumstances. Gross negligence or driving a few miles over the speed limit might be charged as a misdemeanor, but drunk driving resulting in a fatality is most likely treated as a felony. Death of a passenger, including a loved one or friend, can be vehicular manslaughter if due to illegal driving.

Negligent/Reckless Driving: A driver operates a vehicle in a negligent or reckless manner, leading to another person’s death. For instance, imagine a driver who weaves in and out of traffic, disregards traffic signals, and accelerates through a red light, ultimately killing a bicyclist. The prosecution must prove that the driver understood the risks but willfully or wantonly disregarded safety.

DUI-Related Vehicular Homicide: In cases where a driver is under the influence of drugs or alcohol, causing someone’s death. For example, a drunk driver who strikes and kills a pedestrian or passenger while impaired.

Traffic Violation Related Vehicular Homicide: A driver commits a serious traffic violation that results in someone’s death. Suppose a driver speeds in the rain on a hilly road, attempts to pass another vehicle in a no-passing zone, and ends up causing a fatal collision with an oncoming driver.

Sex Offenses

Any illegal act that involves illegal, forced, or coerced sexual conduct against another person is considered a sex crime.

Examples of Sexual Offenses include: Sexual assault, Rape, Statutory rape, Sexual abuse of a minor, Corruption of a minor, Incest, Child pornography, Prostitution (in some circumstances), Sex trafficking, Transporting a person across jurisdictions with the intent of engaging in sexual activities, Sodomy or Bestiality (in some jurisdictions), Genital mutilation.

Drug Offenses

A drug offense refers to the possession, use, sale or furnishing of any drug or intoxicating substance or drug paraphernalia, that is prohibited by law. Most drug offenses are felonies. The most common defense raised is to challenge the search and seizure that resulted in the police finding the drugs. If the police violated the defendant’s 4th amendment rights, then the court will suppress, or throw out, the drugs as evidence.

The penalties for drug crimes can be very severe. The charges are based upon quantity, intent to sell or distribute and other factors such as weapons possession or use, evidence of sales activity, having large amounts of money, etc. The seriousness and ultimate punishment for drug crimes normally depends upon the quantity of the drug, the classification under the drug schedule, and the purpose of the possession (for personal use or for sale). Drug courts and similar concepts are a new approach to resolving drug arrests in a manner that helps the person who was arrested to get help for any substance abuse problem they may have, as well as get assistance with job training, employment education and parenting skills. Usually such alternative options in sentencing are only available to non-violent first offenders or less serious violations. Drug laws exist at the federal and state levels and vary by state, so please consult local law for requirements applicable to your area.

(1) The possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act.

(2) The operation of a motor vehicle under the influence of such a substance. [23 CFR 192.3; Title 23-Highways; Chapter I-Federal Highway Administration, Department Of Transportation; Subchapter B-Payment Procedures; Part 192-Drug Offender's Driver's License Suspension].