Some Fundamental of criminal law

Some Fundamental of criminal law
Criminal law generally refers to the different conducts that the government of a
country may consider harmful in nature and any rules and regulations that may
govern how punishments are meted out. A criminal act may be considered a
felony or a misdemeanor based on the gravity of the act. Felonies can be
punishable by death or by imprisonment which may not be less than two years.
Acts of misdemeanors may not receive punishment of more than one year
imprisonment. Less severe crimes like driving offenses that fall under criminal
law are mostly referred to as violations.
When there is a criminal offense, the prosecutor will try to make the jury believe
that there was intent do harm as well as malice in the action. On the other hand,
the New Orleans Criminal Lawyer service will be there to ensure that the jury
finds their client not guilty by proving that there was no intent or malice involved
in the act. This is because, for an act to be considered criminal, certain conditions
have to be fulfilled which include;
Intent to do harm
It has to be proved beyond reasonable doubt that the defender actually intended
to cause harm even before the act was committed. This does not mean any time
should elapse between the intent and the act. If it can be proven that the intent
was made just before the act, the act is still a criminal offense. Most often the best
prove of intent is to show that the person that committed the said crime was
totally aware of the repercussions of the act they were committing.
Malice
This is another term that is similar to intent. It means to deliberately cause harm
to another. In some places it can be called purpose
Motive
This is completely different from intent in that it is the motivation the person has
for committing the said act. A motive could be knowledge of an inheritance that
could only come at the death of another person. It is not necessary for a motive to
be present for a crime to be declared criminal. However, motive may be needed in
cases where it is not very easy to establish guilt.
Defenses
There are times when a person may not be held liable for a criminal act. Such
instances may occur of the perpetrator of the act is a child, was under the
influence of drug or alcohol. Children who are cannot be held liable for their acts
especially if they are under seven. Even those under the age of fourteen are
cannot be held liable under a criminal act. Today, when you will visit the web,
you will notice that there are many criminal lawyers that are ready to help you,
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The above are some of the factors a criminal lawyer will be expecting to play on
when they are defending a client for felony.