Aiding and Abetting/Accessory

A criminal charge of aiding and abetting or accessory can usually be brought against anyone who helps in the commission of a crime, though legal distinctions vary by state. A person charged with aiding and abetting or accessory is usually not present when the crime itself is committed, but he or she has knowledge of the crime before or after the fact, and may assist in its commission through advice, actions, or financial support. Depending on the degree of involvement, the offender's participation in the crime may rise to the level of conspiracy. For example, Andy draws a floor plan of a bank, knowing of Dan's intention to rob it. After Dan commits the robbery, Alice agrees to let him store the stolen money at her house. Both Andy and Alice can be charged with aiding and abetting, or acting as accessories to the robbery.

Arson
Under the criminal law of most states, arson is committed when a person intentionally burns almost any kind of structure or building, not just a house or business. Many states recognize differing degrees of arson, based on such factors as whether the building was occupied and whether insurance fraud was intended.

Assault/Battery
In most states, an assault/battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Many states declare that a more serious or "aggravated" assault/battery occurs when one 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon. Historically, laws treated the threat of physical injury as "assault", and the completed act of physical contact or offensive touching as "battery," but many states no longer differentiate between the two.

Aggravated Assault
Aggravated assault is an assault which criminal laws punish more severely due to its seriousness. Factors which raise an assault to an aggravated assault typically include the use of a weapon, the status of the victim, the intent of the perpetrator, and the degree of injury caused. Assaults which happen in the victims home can also qualify as an aggravated assault. States classify certain assaults as aggravated assault under their criminal codes. They may also use more specific names such as assault with a deadly weapon. Often, aggravated assaults qualify asfelonies, while simple assaults can be misdemeanors. Many states have multiple degrees of criminal charges for aggravated assault. Assault with a Deadly Weapon Use of a deadly weapon during an assault constitutes aggravated assault. This applies whether or not the weapon causes physical injury to anyone. Basic assault does not require physical harm, but rather that the perpetrator behaves in a way intended to put someone in reasonable fear for their safety. Someone who

does this by threatening the person with a deadly weapon commits aggravated assault because the fear involved is fear of more grievous injury. Weapons classified as deadly weapons typically include things which could cause death or serious injury. Some weapons fit this bill including guns. Whether or not other objects constitute deadly weapons depends on the manner in which they are used in the assault. For example, a pocket knife is generally not considered a lethal weapon, but if held to a victims neck, it could be deadly. The Identity of the Victim Some assaults become aggravated assaults depending on the status of the victim. For example, many states punish assault on police officers, fire fighters and even teachers as aggravated assault. Typically, for such an assault to constitute aggravated assault, the victim must have been performing his or her duty when assaulted and the perpetrator must have known of the victims status. In addition to possible punishment for aggravated assault, assaults on members of certain protected classes can constitute hate crimes. These can include assaults based on race, ethnicity, national origin, religion, sexual orientation, or disability of the victim. Intent of the Perpetrator The mental state of the perpetrator can also push an assault from simple assault to aggravated assault. If he or she acted with the intent to cause severe harm or fear of severe harm, an assault can become aggravated. Depending on the state, reckless behavior can also constitute aggravated assault for example when someone acts with reckless indifference to human life, but without the specific intent to injure any particular person. If a dangerous or deadly weapon is involved, an assault may become aggravated even without any specific intent to injure. Degree of Injury to the Victim More serious injuries to the victim can cause an assault to become an aggravated assault. In most states, assaults causing serious bodily injury qualify as aggravated assaults. The seriousness of an injury will vary greatly from case to case. Injuries threatening death will qualify as a serious injury, as will those which maim or disfigure the victim. Some states specify by statute particular injuries that qualify as serious. If a method of assault which would normally cause death only causes more minor physical injury, some states will still punish it as aggravated assault (or even attempted homicide). Sexual assaults usually qualify as their own type of assault, but depending on the state, could be charged as assault/battery, sexual assault, aggravated assault or rape. A knowledgeable criminal lawyer should be able to help you navigate your states distinctions between the many forms an assault charge can take.

Attempt
The definitions for attempt crimes vary from state to state, but generally, attempted offenses occur when an individual has an actual intent to commit a crime (in legal terms, specific intent), and takes direct action towards completion of the crime. Typically, an individual will have failed to complete the crime, but this is

not necessarily required. One common example of an attempted crime would be attempted murder, where an individual must have the intent to kill another individual, then take action towards that end but fall short of actually doing so. Because, by their vary nature, attempt crimes are typically incomplete, establishing the intent of an individual is often the key to securing a conviction. Thus, in the example above, it is important to note that it would not be enough for an individual to intend only harm or even serious harm to a victim, for purposes of an attempted murder conviction. In some jurisdictions, the actions or acts taken for an attempted crime must go beyond "mere preparation" for the offense. However, other jurisdictions permit a conviction based on a wider range of actions taken towards completing a crime.

Bribery
Bribery is the offer or acceptance of anything of value in exchange for influence on a government/public official or employee. Bribes can take the form of gifts or payments of money in exchange for favorable treatment, such as awards of government contracts. In most situations, both the person offering the bribe and the person accepting can be charged with bribery.

Burglary
Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; the offender may simply trespass through an open door. Unlike robbery, which involves use of force or fear to obtain another person's property, there is usually no victim present during a burglary. For example, Dan enters Victor's boathouse through an open window, intending to steal Victor's boat. Finding the boat is gone, Dan returns home. Though he took nothing, Dan has committed burglary.

Child Abuse
Child abuse is broadly defined in many states as any type of cruelty inflicted upon a child, including mental abuse, physical harm, neglect, and sexual abuse or exploitation. The specific crimes charged in instances of child abuse can include assault and battery. In many states, certain individuals and caregivers are required by law to report suspected child abuse.

Child Pornography
Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor. Increasingly, child pornography laws are being utilized to punish use of computer technology and the Internet to obtain, share, and distribute pornographic material involving children, including images and films.

Computer Crime
Computer crime laws in many states prohibit a person from performing certain acts without authorization, including 1) accessing a computer, system, or network; 2) modifying, damaging, using, disclosing, copying, or taking programs or data; 3) introducing a virus or other contaminant into a computer system; 4) using a computer in a scheme to defraud; 5) interfering with someone else's computer access or use; 6) using encryption in aid of a crime; 7) falsifying e-mail source information; and 8) stealing an information service from a provider.

Conspiracy
A criminal conspiracy exists when two or more people agree to commit almost any unlawful act, then take some action toward its completion. The action taken need not itself be a crime, but it must indicate that those involved in the conspiracy knew of the plan and intended to break the law. One person may be charged with and convicted of both conspiracy and the underlying crime based on the same circumstances. For example, Andy, Dan, and Alice plan a bank robbery. They 1) visit the bank first to assess security, 2) pool their money and buy a gun together, and 3) write a demand letter. All three can be charged with conspiracy to commit robbery, regardless of whether the robbery itself is actually attempted or completed.

Credit / Debit Card Fraud

Credit/debit card fraud is committed when one person 1) fraudulently obtains, takes, signs, uses, sells, buys, or forges someone else's credit or debit card or card information; 2) uses his or her own card with the knowledge that it is revoked or expired or that the account lacks enough money to pay for the items charged; and 3) sells goods or services to someone else with knowledge that the credit or debit card being used was illegally obtained or is being used without authorization.

Criminal Contempt of Court

Contempt of court generally refers to conduct that defies, disrespects or insults the authority or dignity of a court. Often, contempt takes the form of actions that are seen as detrimental to the court's ability to administer justice. Judges typically have much discretion in deciding whom to hold in contempt and the type of contempt. Those held in contempt can include parties to a proceeding, attorneys, witnesses, jurors, people in or around a proceeding, and officers or staff of the court itself. There are two types of contempt of court: criminal contempt and civil contempt. Civil contempt often involves the failure of someone to comply with a court order. Judges use civil contempt sanctions to coerce such a person into complying with a court order the person has violated. Criminal contempt charges, on the other hand are punitive, meaning they serve to deter future acts of contempt by punishing the offender no matter what happens in the underlying proceeding. Someone incarcerated for criminal contempt cannot secure their own release by deciding to comply with the court.

Judges use different factors when deciding whether to hold someone in civil or criminal contempt, including the nature of the underlying court proceeding (criminal or civil) and the severity of the contemnor's behavior. Criminal Contempt Charges Criminal contempt charges become separate charges from the underlying case. Unlike civil contempt sanctions, criminal contempt charges may live on after resolution of the underlying case. One charged with criminal contempt generally gets the constitutional rights guaranteed to criminal defendants, including the right to counsel, right to put on a defense, and the right to a jury trial in certain cases. Charges of criminal contempt must be proven beyond a reasonable doubt. However, incarceration for contempt may begin immediately, before the contempt charge is adjudicated and the sentence decided. Depending on the jurisdiction and the case, the same judge who decided to charge a person with contempt may end up presiding over the contempt proceedings. Criminal contempt can bring punishment including jail time and/or a fine. Direct and Indirect Contempt Contempt of court can take place either "directly" or "indirectly." Direct contempt happens in the presence of the court. For example, someone could commit direct contempt by yelling at the judge in a way that impedes the court's ability to function and brings disrespect on the court. Indirect contempt occurs outside the presence of the court. Examples include improperly communicating with jurors outside the court, refusing to turn over subpoenaed evidence and refusing to pay court ordered child support. Be aware that not all of these examples illustrate criminal contempt. Conclusion Criminal contempt of court refers to behavior which disobeys, offends or disrespects the authority or dignity of a court. It can occur directly, in the presence of the court, or indirectly when it happens outside the presence of the judge. Criminal contempt charges become separate charges from the underlying case. Adjudication of charges and punishment for criminal contempt may continue after resolution the underlying case.

Cyber Bullying
Cyber bullying is one of the unwelcome byproducts of the so-called Internet age. Along with the explosion of social media onto mainstream life, sometimes bullying has now moved from the schoolyard to online posts on sites such as MySpace and Facebook, e-mails, or texts. Despite the absence of physical contact or audible insults, cyberbullying can actually be just as traumatizing if not more, than that which goes on in the classrooms, halls, and yards at school. Bullying has now gone from being witnessed by perhaps a few schoolmates, to being potentially exposed to all of a child's friends, family, and acquaintances. As a

result, the embarassment, shame, and other more severe consequences that accompany bullying can actually be greater in an online environment. Until relatively recently, no laws specifically addressed cyberbullying. But legislators have not been blind to the increasing number of high-publicity incidents, along with some tragic results in certain cases. Laws have started to spring up in various jurisdictions, but often these laws leave enforcement in the hands of school officials and treat the issue as one affecting the classroom environment. As such, cyber bullying may often be treated as a civil, rather than a criminal matter. However, prosecutors have sometimes used existing laws in the books to prosecute individuals suspected of cyberbullying. Criminal harassment statutes can often provide a basis for bringing charges in severe cases of cyberbullying, and more serious criminal charges have been brought in cases where cyberbullying has resulted in tragic consequences, such as suicides. Recently created cyber harassment statutes may also provide an avenue for charging online bullies in some states. The penalties for cyberbullying are as wide-ranging as the laws discussed above. Depending on the state and applicable laws, sanctions for bullying could range anywhere from civil penalties, such as school intervention via suspensions and/or expulsions, to jail time for criminal misdemeanors and even felonies. As this area of law is rapidly evolving, for more information on the laws that apply in your jurisdiction it may be best to contact a local attorney specializing in cybercrimes.

Disorderly Conduct
Almost every state has a disorderly conduct law that makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of obnoxious or unruly conduct may fit the definition of disorderly conduct, as such statutes are often used as "catch-all" crimes. Police may use a disorderly conduct charge to keep the peace when a person is behaving in a disruptive manner, but presents no serious public danger.

Disturbing the Peace

Disturbing the peace, also known as breach of the peace, is a criminal offense that occurs when a person engages in some form of disorderly conduct, such as fighting or threatening to fight in public, causing excessively loud noise, by shouting, playing loud music, or even allowing a dog to bark for prolonged periods of time. When a person's words or conduct jeopardizes others right to peace and tranquility, he or she may be charged with disturbing the peace. Disturbing the peace laws are covered by state or local ordinances. While disturbing the peace is not considered a serious criminal offense, it is an offense punishable by jail time, monetary fine, or both.

What Constitutes Disturbing the Peace?

Disturbing the peace laws vary from state to state. Generally, disturbing the peace refers to words or conduct that compromises the safety, health, morals or overall peace and quiet of the public. Disturbing the peace charges cover a variety of conduct and often falls under the broader "catch-all" category of disorderly conduct.

Some examples of disorderly conduct include:

Fighting or challenging someone to fight in a public place Using offensive words in a public place likely to incite violence Shouting in a public place intending to incite violence or unlawful activity Bullying a student on or near school grounds Knocking loudly on hotel doors of sleeping guests with the purpose of annoying them Holding an unlawful public assembly Shouting profanities out of a car window in front of a person's home over an extended period of time Allowing excessive dog barking in a residential area, and Intentionally playing loud music during the night that continues, even after a fair warning.

In most states, the person's conduct must have been on purpose (willful) or with bad intent (malicious). It is not enough that a person engaged in conduct that merely annoyed, harassed, or embarrassed another person. If fighting was involved, it must have been unlawful, and not in self-defense or to protect someone. To determine guilt, a court will look at the particular circumstances of each case. Some of the factors a judge may consider include the location, time, place, words, actions, and the person spoken to or touched (for example, a police officer, teacher, student, relative or passerby). Common actions that do not constitute disturbing the peace may include:

Engaging in horseplay; Simply embarrassing someone; Merely annoying someone; Accidentally bumping into someone; Giving someone a gesture such as the middle finger, (sometimes even against a police officer).

However, if a person's non-violent actions are likely to incite violence or public disorder, criminal liability may apply.

Purpose of the Law

Disturbing the peace is a law against public disorder and chaos. Laws against disorderly conduct, such as disturbing the peace, exist to prevent people from disturbing the peace of others while they are tending to their daily business and personal affairs. Disturbing the peace may be charged as part of the broader catch-all crime of disorderly conduct, which includes many other types of public disturbances, or it may be charged separately, based on the factors listed above and the laws of the particular state.

Penalties and Punishment

Disturbing the peace is a misdemeanor criminal offense. A person charged with disturbing the peace may face jail time of up to 90 days, fines up to $400, or both. In many instances, disturbing the peace is a first criminal offense and, if so, a person may avoid jail time altogether if convicted.

Your Rights as a Victim

If you, or someone you know, believe that you are the victim of disorderly conduct or loud and excessive noise or disruption, it is important to know what you can do to minimize or stop the harm your are experiencing. What Can You Do? Ask Them to Stop the Behavior If the perpetrator is a neighbor or person you know, and you do not feel physically threatened or in potential harm, you might explain that their conduct is problematic and ask him or her to stop the behavior. Should the situation escalate, you should remove yourself immediately. Contact the Police If the harm continues, or if there is imminent danger (such as fighting) you may want to contact the police and explain the situation to them. A person who disrupts the peace is often given a fair warning by police. In most cases, police involvement may stop the disruptive behavior altogether. Contact a Lawyer Finally, if none of the above actions help your situation, it may be necessary to contact an attorney. In addition to violating criminal laws against disturbing the peace, disruptive behavior may violate nuisance laws, in which case, filing a lawsuit against the perpetrator might help bring an end the disruptive behavior.

Drug Manufacturing and Cultivation

Drug cultivation and manufacturing laws make it a crime 1) to grow, produce, and possess certain plants and other naturally occurring elements used in the production of unlawful controlled substances, such as cannabis seeds and marijuana plants; or 2) to produce illegal controlled substances like cocaine, methamphetamine, LSD, and Ecstasy (MDMA), which require use of certain chemicals and laboratory equipment in their production. Federal and state drug cultivation laws vary according to drug type and the amount produced. For example, during a legal search of Dan's apartment, police find cannabis seeds, high-powered lamps, and remnants of marijuana plants. Dan can be charged with violating drug cultivation and manufacturing laws.

Domestic Violence
Domestic violence refers to physical harm inflicted on one member of a household or family, by another member of the same household or family (usually between spouses). Domestic violence (sometimes called "spousal abuse") usually involves repetitive physical and psychological abuse, and a "cycle of violence". Specific crimes charged vary based on 1) severity of the victim's injuries, 2) whether a minor was present, and 3) whether a protective or restraining order was violated.

Drug Trafficking/Distribution
Drug trafficking/distribution laws penalize the selling, transportation, and illegal import into the United States of unlawful controlled substances such as marijuana, methamphetamine, cocaine, LSD, "club drugs," and heroin. Federal and state drug trafficking/distribution laws and punishments vary according to drug type, amount, geographic area of distribution, and whether minors were sold to or targeted. Drug trafficking/distribution laws can implicate a single individual or a broad ring of people involved in organized illegal drug activity.

Drug Possession
Federal and state drug possession laws make it a crime to willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, "club drugs," and heroin. These laws also criminalize the possession of "precursor" chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use. Drug possession laws vary according to drug type, amount, and geographic area of the offense. Possession of small quantities may be deemed "simple" possession, while possession of large amounts may result in a charge of presumed "possession with intent to distribute."

DUI - DWI Law Center

Driving while intoxicated (DWI), driving under the influence (DUI) and related impaired driving offenses can have a serious impact on one's life. That's why it's so important to understand the law, your rights and your legal options when facing such charges. FindLaw's DUI - DWI Law Center contains a wide variety of resources to help you navigate the often-confusing world of impaired driving law, including state-specific DUI information and primers on the different stages of a drunk-driving case. This section also provides valuable information about field sobriety tests, posting bail and the process of hiring an attorney.

Embezzlement
Embezzlement is defined in most states as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. For example, while working as a bank manager, Dan alters customer deposit receipts and account information, then siphons bank money into his own pocket.

Extortion
Most states define extortion as the gaining of property or money by almost any kind of force, or threat of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action. While usually viewed as a form of theft/larceny, extortion differs from robbery in that the threat in question does not pose an imminent physical danger to the victim. For example, Dan goes to Victor's place of business and demands monthly payment from Victor for the business's "protection" from vandalism and after-hours theft. Fearing that he or his business will suffer harm otherwise, Victor agrees to pay Dan.

Forgery
The crime of forgery generally refers to the making of a fake document, the changing of an existing document, or the making of a signature without authorization. Documents that can be the object of forgery include contracts, identification cards, and legal certificates. Most states require that forgery be done with the intent to commit fraud or theft/larceny.

Fraud
Thousands of people each year fall victim to fraudulent acts -- often unknowingly. While many instances of fraud go undetected, learning how to spot the warning signs early on may help save you time and money in the long run.
Fraud is a broad term that refers to a variety of offenses involving dishonesty or "fraudulent acts". In essence, fraud is the intentional deception of a person or entity by another made for monetary or personal gain. Fraud offenses always include some sort of false statement, misrepresentation, or deceitful conduct. The main purpose of fraud is to gain something of value (usually money or property) by misleading or deceiving someone into thinking something which the fraud perpetrator knows to be false. While not every instance of dishonesty is fraud, knowing the warning signs may help stop someone from gaining any unfair advantage over your personal, financial, or business affairs. What the Law Says About Fraud Laws against fraud vary from state to state, and can be criminal or civil in nature. Criminal fraud requires criminal intent on the part of the perpetrator, and is punishable by fines or imprisonment. Civil fraud, on the other hand, applies more broadly to circumstances where bad-faith is usually involved, and where the penalties are meant to punish the perpetrator and put the victim back in the same position before the fraud took place. While the exact wording of fraud charges varies among state and federal laws. the essential elements needed to prove a fraud claim in general include: (1) a misrepresentation of a material fact; (2) by a person or entity who knows or believes it to be false; (3) to a person or entity who justifiably relies on the misrepresentation; and (4) actual injury or loss resulting from his or her reliance. Most states require that each element be proven with "particularity" -- meaning that each and every element must be separately proven for a fraud charge to stand. Types of Fraud There are many types of fraud offenses, several of which occur through the mail, internet, phone, or by wire. Common types include:

bankruptcy fraud tax fraud (a.k.a. tax evasion) Identity theft insurance fraud

mail fraud credit/debit card fraud securities fraud telemarketing fraud wire fraud

Warnings Signs of Fraud -- What to Look Out For The warnings signs vary depending on the type of attempted fraud. For example, a warning sign for telemarketing fraud may include a phone call by an unknown caller asking you to "send money now" to receive an offer. Similarly, a warning sign for identity theft might be a call from someone asking for the digits of your social security number or last known address. Other, more general, warning signs may include, receiving unsolicited mail requesting you to send money to a bogus account, losing your credit card or driver's license, and promises made by an individual or company that seem "too good to be true". The practice of fraud is not always geared toward individuals. Business owners also need to look out for fraud perpetrators. Landlords, loan agents, and other small business owners should also be aware of potential warning signs, such as phony references, wrong phone numbers or address on applications, large purchases on bank card without regard to price, style of item, and so on. The golden rule in preventing potential fraud offenses is to be vigilant in handling your business and personal affairs. Penalties for Fraud Offenses Penalties for fraud offenses may include criminal penalties, civil penalties, or both. Most criminal fraud offenses are considered felony crimes and are punishable by jail, fines, probation, or all of the above. Civil penalties may include restitution (paying the person back) or payment of substantial fines (geared to punish the behavior). The penalties for your offense will depend on the nature, type, scope, and severity of the action and whether it was committed by an individual or an entity, such as a business, corporation or group. What to Do If You Believe You Are a Victim of Fraud Fraud does not discriminate. Any person, group, business, government, or entity can fall victim to fraud offenses. Oftentimes, fraud victims face a range of emotions, including anger and betrayal toward the perpetrator, shame or guilt, and/or fear and frustration over the loss of money or something of value. If you believe you are a victim of fraud, there are several national and local fraud victims' assistance organizations that may help you. In many cases, fraud victims do not recover the actual money or property that was lost. However, if you would like to prevent identity theft, and other common fraud violations, you may need to hire a lawyerwho knows about the nuances of the laws concerning fraud in your state.

Harassment
"Harassment" refers to a broad number of behaviors that are subject to both criminal punishment and civil liability. On the criminal side, states have a wide variety of criminal laws forbidding harassment in many forms, including general harassment crimes as well as specific forms of harassment, such as stalking and cyberstalking.

Criminal Harassment versus Civil Harassment

Criminal harassment should not be confused with how "harassment" is often used in contexts such asworkplace discrimination lawsuits. Federal and state laws ban discrimination against certain types of people in certain situations, such as at work or in housing decisions. In these non-criminal contexts, the victim can sue the harasser in a private civil lawsuit, alleging that the harassment constitutes discrimination. On the other hand, criminal harassment is usually confined to state law. States vary in how they define criminal harassment. Generally, criminal harassment entails intentionally targeting someone else with behavior that is meant to alarm, annoy, torment or terrorize them. Not all petty annoyances constitute harassment. Instead, most state laws require that the behavior cause a credible threat to the person's safety or their family's safety. Though state harassment laws vary, they often take different levels and methods of harassment into account. Separate penal statutes or a general harassment statute may list various ways to communicate harassment, including telephone calls, emails, and other forms of communication. Whether there was any legitimate reason for the communication becomes a factor under many states' harassment laws. Harassment charges can range from misdemeanor to high level felony charges. In many states, people charged with harassment will receive a higher level charge if they have previously been convicted of harassment, of communicating a threat, or of a domestic violence offense. Harassment by someone in violation of a restraining order may also draw a higher level charge. Some states elevate the charge if the harassment targeted someone based on race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation.

Stalking and Menacing

In some states, "stalking" is specified as a separate offense from harassment. Other states include both harassment and stalking under a single general statute. Stalking generally refers to a clear pattern of conduct through which the perpetrator causes the victim reasonable fear for their safety or their family's safety. Interstate stalking is a federal crime. Some states punish stalking as a form of "menacing." Menacing can often include ongoing actions, such as stalking someone, which cause reasonable fear in the victim. Menacing also often includes single acts which are purposefully intended to create a reasonable fear in someone, such as brandishing a weapon. Whether and how states draw lines between harassment, menacing and stalking varies greatly. For more specifics, see your state's stalking laws.

Cyberstalking
Some states have enacted specific laws against stalking someone online. "Cyberstalking" generally refers to stalking someone through the internet, email, text messages, or other means of electronic communication. Many states have revised their harassment and/or stalking laws to explicitly include harassing electronic communications. Some states also punish actions akin to cyberstalking under laws aimed at improper uses of computers or electronic communications networks. Federal law makes it a crime to "transmit in interstate commerce" (which includes the internet) a communication containing a threat to kidnap or physically harm someone. Harassment and Restraining Orders While prosecutors can charge someone with criminal harassment, victims of abuse or harassment may also petition the court for an order of protection or restraining order to prohibit someone from engaging in harassing behaviors. Orders against harassment and restraining orders frequently come into play in situations involvingdomestic violence. Such orders come from civil courts, but violation of these court orders may constitute a separate criminal offense and/or contempt of the civil court. Violating a protective order may also increase the severity of a harassment, stalking or menacing charge.

Conclusion
Harassment refers to a wide variety of behavior which can violate both civil and criminal laws. What constitutes criminal harassment varies by state, but it generally entails targeting someone else with behavior meant to alarm, annoy, torment or terrorize, and creating reasonable fear in the victim for their safety or the safety of their family.

Hate Crimes and Criminal Civil Rights Violations

A civil rights violation may become a crime if it involves the use (or threat of use) of force. Hate crimes are intended to hurt and intimidate someone because of their race, ethnicity, national origin, religious, sexual orientation, or disability. Below you will find information on hate crimes and prosecution of civil rights violations, as well as links to resources from the federal government.

Homicide
To begin with, not all homicides are crimes. Homicides include all killings of humans. Many homicides, such as murder and manslaughter, violate criminal laws. Others, such as a killing committed in justified self-defense, are not criminal. Illegal killings range from manslaughter to murder, with multiple degrees of each representing the gravity of the crime. Murder First degree murder is the most serious criminal homicide. Typically, first degree murder is both intentional and premeditated. Premeditated can mean anything from a long time plan to kill the victim, to

a shorter term plan. The intent of the accused murderer does not need to be focused on the actual victim. If someone planned on killing one victim, but by accident kills someone else, the murder is still intentional and premeditated meaning a first degree murder charge. Here is more information aboutyour state's first degree murder laws. When there is a lack of premeditation but the killer intended to kill for example, in homicides commonly described as occurring "in the heat of passion" the homicide may draw second degree murder charges or perhaps voluntary manslaughter charges, depending on the state. Here is more information about your state's second degree murder laws. Manslaughter Manslaughter generally means an illegal killing that falls short of murder. The lowest form of manslaughter is involuntary manslaughter. This means that the perpetrator did not intend to kill anyone, but still killed the victim through behavior that was either criminally negligent or reckless. One common example is a DUI accident which kills someone. Someone driving drunk is behaving in a criminally reckless manner, even if they had no intent to kill anyone. Here is more information about your state's involuntary manslaughter laws. Voluntary manslaughter usually means that the offender did not have a prior intent to kill such as when the homicide occurs "in the heat of passion" and without forethought. Depending on the state, this crime may fall under a variant of murder charges, instead of manslaughter. Here is more information aboutyour state's voluntary manslaughter laws. Legal Homicides Some homicides are not illegal. Criminal laws carve out exceptions for some killings which would otherwise fall under criminal laws against manslaughter or murder. These are referred to as "justified homicide". One primary example is a killing in justified self-defense or defense of someone else. Such a homicide is deemed justified if the situation called for self-defense and state law allows lethal force in that type of situation. Most state laws allow justified homicide to defend oneself or another from credible threat of serious crimes such as rape, armed robbery and murder. Related Wrongful Death Claims No matter where a homicide falls on the criminal spectrum, it may also bring a civil lawsuit for wrongful death. In the case of a homicide, the family of the victim may sue the alleged perpetrator to collect damages for that person causing the death of their loved one. While wrongful death lawsuits offer monetary results rather than criminal punishment, they also have a much lower standard of proof than the criminal standard of guilt beyond a reasonable doubt.

Indecent Exposure
Indecent exposure laws in most states make it a crime to purposefully display one's genitals in public, causing others to be alarmed or offended. Indecent exposure is often committed for the sexual gratification of the offender, and may reach the level of a sexual assault if any physical contact is made.

Insurance Fraud
Insurance fraud occurs most often when an insured individual or entity makes a false or exaggerated insurance claim, seeking compensation for injuries or losses that were not actually suffered. Insurance fraud can also be committed upon customers, through 1) the sale of unlicensed or bogus insurance coverage to unsuspecting clients, or 2) an insurance broker or agent's diversion or theft of insurance premiums paid by clients.

Kidnapping
Under federal and state law, kidnapping is commonly defined as the taking of a person from one place to another against his or her will, or the confining of a person to a controlled space. Some kidnapping laws require that the taking or confining be for an unlawful purpose, such as extortion or the facilitation of a crime. A parent without legal custody rights may be charged with kidnapping for taking his or her own child, in certain circumstances.

Manslaughter: Involuntary
Involuntary manslaughter usually refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as DUI). The usual distinction from voluntary manslaughter is that involuntary manslaughter (sometimes called "criminally negligent homicide") is a crime in which the victim's death is unintended. For example, Dan comes home to find his wife in bed with Victor. Distraught, Dan heads to a local bar to drown his sorrows. After having five drinks, Dan jumps into his car and drives down the street at twice the posted speed limit, accidentally hitting and killing a pedestrian.

Manslaughter: Voluntary
Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion." The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as a first-degree or second-degree murder. For example, Dan comes home to find his wife in bed with Victor. In the heat of the moment, Dan picks up a golf club from next to the bed and strikes Victor in the head, killing him instantly.

Medical Marijuana - An Overview

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The term "medical marijuana" refers to the use, possession, and/or cultivation of marijuana for medical purposes. People who are terminally ill, or suffer from painful or long-term symptoms associated with certain diseases, such as epilepsy, AIDS, glaucoma, and cancer, often request medical marijuana as a form of treatment and/or pain relief. As a general principle, medical marijuana, also known as medicinal cannabis, is no different than standard marijuana. Under the federal Controlled Substances Act, marijuana is classified as a "Schedule I drug", meaning it: 1) has the potential for abuse, 2) has no currently accepted medical use in treatment in the U.S., and 3) has a lack of accepted safety for use of the drug under medical supervision. As such, there is a growing debate concerning the personal medical use of marijuana and its legality. On one side of the issue, some politicians and law enforcement officials would like to combat illegal drug use of marijuana and control some of its affects, such as "wide open sale of marijuana under the guise of medical purpose". On the other side, some health advocates and other drug legalization groups would like to legalize the medical use of marijuana, believing that the drug is a valuable aid in the treatment of a wide range of medical conditions. Medical Marijuana Laws Medical marijuana laws are constantly changing and vary among geographical location. Both federal and state laws make it a crime to use, grow, sell, or possess marijuana. The federal Supreme Court, for example, has stated that it is illegal to use, sell or possess marijuana, even for medical use (in the 2005 case of Gonzales v. Raich). A growing number of states, however, have legalized medical marijuana. Currently, there are 14 states that allow for the use and/or cultivation of marijuana for medical purposes; thereby removing any criminal penalties from doctors who prescribe the drug or from patients who use it within the bounds set by state law. For example, California was the first to legalize medical marijuana in 1996 when it passed Proposition 215, also called the Compassionate Use Act. The law allows the possession and cultivation of marijuana for medical purposes upon a doctor's recommendation. Other states that have legalized medical marijuana include: Alaska, Colorado, Hawaii, Maine, Michigan,Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. These state laws typically set the boundaries under which medical marijuana may be recommended, cultivated, possessed and used. For instance, states may require written documentation from a person's doctor affirming that the person suffers from a debilitating condition and might benefit from the medical use of marijuana. Also, states may require people to present this documentation, or "marijuana ID card", prior to an arrest. Other provisions may include limits on the type of conditions, such as HIV and AIDS, and the amount of marijuana that a person may possess, use, or grow.

Finally, some states have other specific provisions, such as employee restrictions on the the medical use of marijuana at work and certain ID card requirements and fees. For a breakdown of specific marijuana laws by state, including punishment for possession, sale and trafficking, click here. Medical Marijuana Penalties Penalties for medical marijuana violations may include prison time, fines, or both, depending on the nature of the offense and the state where the occurrence took place. In states that have not legalized medical use of marijuana, the charges are treated as general misdemeanor or felony drug charges. In states which have decriminalized medical marijuana, penalties in the form of prison or fines may still apply, yet offenses are often treated as minor civil infractions. For example, punishable circumstances may include:

Possession over a certain amount (in grams); The sale of the drug to others, especially to or from a "minor"; The cultivation of the drug in states where cultivation is not allowed; and Possession of marijuana paraphernalia.

Defenses -- Know Your Legal Rights Patients who are arrested on drug charges might use their medical status as a defense, before or during trial, to help reduce any penalties. In addition, a patient may show a doctor's recommendation for marijuana to reduce penalties and help avoid jail time or fines altogether. Finally, a patient may want to claim the defense of medical necessity based on the clinical nature of his or her health condition. It is important to check with a lawyer who specializes in medical marijuana cases to learn of your rights and responsibilities concerning the use and/or charges of medical marijuana. The Collision of Federal and State Laws -- A Recent Update There is generally a "tug of war" between the federal laws and state laws concerning medical marijuana. On the one hand, the federal government makes it a crime to cultivate, possess, or use marijuana for any purpose. On the other hand, some states allow the use of marijuana for medical reasons. Generally, in cases where federal laws and state laws collide, federal law prevails, and users of state-authorized medical marijuana may still be arrested and/or prosecuted. Recently, however, the Obama administration has shifted its attention to larger drug trafficking issues, with the Department of Justice stating it will not prioritize the enforcement of federal marijuana laws on authorized users of medical marijuana or their caregivers. Conclusion Medical marijuana is a hotly debated issue that affects patients, health care providers, lawyers, and law enforcement officials alike. Because medical marijuana laws vary, it is important to check the specific laws

of your particular state. Consulting with a criminal or health care attorney may also help you understand your rights and responsibilities concerning marijuana use or possession.

MIP: A Minor in Possession

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Many states have minor in possession (MIP) laws concerning alcohol and drugs found in the possession of minors, regardless of whether they were using the substances. Some states strictly enforce MIP laws and prosecute minors to the fullest extent of the law. In other states, however, a minor in a MIP case may be able to receive probation by entering a court-ordered diversionary program, getting medical help, and staying out of trouble. MIP Laws: What Are They? State governments created minor in possession laws to:

Educate minors about the dangers of drinking and driving; Get chemical dependency treatment and help for minors; Involve minors in community service.

In California, first time offenders convicted of MIP violations may have their driver's license suspended for a year. If the minor does not have a driver's license, the court will order the Department of Motor Vehicles not to issue a license until a full year after the minor's conviction. Other states' MIP laws have punishments that are moderate for the first offense, but increase in severity for subsequent convictions. In Missouri, you can be convicted of an MIP violation if you simply appear intoxicated. You do not have to be driving to be convicted of violating a MIP law. If you are holding an unopened beer, and you are under the state's drinking age, you can still be convicted of a MIP offense. You also don't have to be legally drunk under your state's DUI laws to be found guilty of MIP. The fact that you: 1) are younger than the legal drinking age at time of the citation; and 2) had alcohol in your possession; or 3) attempted to buy alcohol; or 4) drank alcohol may be sufficient to prove that you violated your state's MIP laws, or the laws of another state that you were visiting. MIP Violations and Losing Your Driver's License Some states require multiple MIP convictions before you permanently lose your license. Other states, such as California, can take away your driver's license for a single MIP offense.

Defenses to Minor in Possession Charges Defenses against MIP charges can be raised, but the validity of the defenses depends largely upon state and local laws. Some MIP defenses include:

There Was No Alcohol in the Container Held by the Minor The burden is on the defendant to show that the container s/he was holding lacked alcohol.

The Minor Legally Consumed Alcohol Some states allow 19 and 20 year olds legally consume alcohol. In Michigan, for example, a 19 year old may contest a MIP charge by claiming s/he drank alcohol legally in Wisconsin or Canada where it is perfectly legal for them to drink alcohol.

The Alcohol Was Consumed in a Religious Service If a minor drank alcohol as part of a religious service (e.g., sacramental wine, Sabbath wine), s/he may be able to defend a MIP charge.

Minor in Possession (MIP) Charges - Your Legal Rights If you or a loved one experienced face legal charges of violating your state's MIP laws, you may be able to defend and fight the charge in court. It is very important that you contact a DUI or criminal defense attorney to learn how they may be able to help you or your family in a MIP case. Some of the legal factors that a minor in possession defense attorney can review with you include:

Whether you or your loved ones, given the particular facts of your case, actually violated city or state law; Whether the arresting police or law enforcement officer followed the law; Whether your conduct did or did not constitute a criminal violation; and Whether you have an affirmative defense to the MIP case.

Money Laundering
Money laundering statutes make it a crime to transfer money derived from almost any criminal activity (including organized crime, white-collar offenses, and drug transactions) into seemingly legitimate channels, in an attempt to disguise the origin of the funds.

Murder: First Degree

In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim. For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of the house, Dan shoots and kills him.

Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies -- usually arson, burglary, kidnapping, rape, and robbery. For example, Dan and Connie rob Victor's liquor store, but as they are fleeing, Victor shoots and kills Dan. Under the felony murder rule, Connie can be charged with first-degree murder for Dan's death.

Murder: Second degree

Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter. For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car.

Open Container Law

Can you carry an alcoholic drink in a plastic beer mug while walking down your city's main street? The answer depends on the open container laws in your state and local community. Open containers laws serve a number of goals. Most notably, open container laws seek to:

Maintain the quality-of-life for community residents and business by preventing people from being drunk in public, preventing rowdy behavior. Prevent car, bus, and other motor vehicle accidents outlawing the use of alcohol by drivers and passengers. Maintain federal highway construction fund subsidies for states. Under federal law, states that lack open container laws lose federal transportation subsidies.

Not every state or municipality, however, prohibits drinking and carrying alcohol in public places, such as sidewalks and city parks. For example, a few notable tourist destinations, like Las Vegas and New Orleans, do not have open container laws. Open Container Laws: What Are They? An open container law restricts where people can drink alcohol in public. Exactly what a public place is depends on your state or city's laws, and how courts have interpreted those laws. Depending on the particular laws and court rulings, violations of open container laws may occur when one drinks or possess an open container of alcohol while:

On a public sidewalk Inside your own parked car On the front steps or in the common hallway of your apartment building. On school property In a mobile home

In a residential neighborhood In a parking lot

Open container laws are designed to protect communities by reducing injuries from drunk driving (DUI and DWI) and disorderly conduct. Congress passed the Transportation Equity Act for the 21st Century (TEA-21) in 1998 to give states a financial incentive for restricting drinking in motor vehicles. State that fail to enact open container lawslose a portion of federal highway construction funds. Open Container Law Exceptions Currently, only seven (7) states lack open container laws that would otherwise prohibit drinking alcoholic beverages in public. The city of New Orleans lacks strict open container laws, but it does require people who drink alcohol on sidewalks and streets to do so only from plastic cups. This Mardi Gras destination also prohibits drinking alcohol in a parking lot. Similarly, the city of Las Vegas permits public consumption of alcohol from a glass container on all but a few holidays, like New Years Eve and July 4th. The main reason that some locales do not have open containers laws is to promote tourism by encouraging tourists to support local businesses by drinking at bars, restaurants, hotels, and in specific districts, such as New Orleans' French Quarter and the Las Vegas Strip. But remember, cities that don't have open container laws do enforce other quality-of-life rules, including laws that prohibit:

Pubic urination Public nuisance (loud behavior) Disorderly conduct (unruly or destructive behavior) Arguing with police Driving under the influence of alcohol (DUI / DWI). If you have become intoxicated while lawfully drinking under an open container law, do not drive.

Contesting Open Container Law Citations - Your Legal Rights If you or a loved one have experienced or are charged with an open container law violation, you may be able to defend and fight the charge in court. It is very important that you contact a DUI or criminal defense attorney to learn how they may be able to help you or your family. Some of the legal factors that an open container law attorney can review with you include:

Whether you or your loved ones, given the particular facts of your case, actually violated city or state law Whether the arresting police or law enforcement officer followed the law Whether your conduct did or did not constitute a criminal violation

Perjury
Perjury statutes in many states make it a crime to knowingly lie after taking an oath to tell the truth, such as when testifying in court or communicating through certain legal documents. The falsehood must usually be material to the matter at issue, though perjury can also be committed by simply signing a document with the knowledge that it contains false assertions. For example, while completing a sworn affidavit during child support proceedings in family court, Dan purposefully understates his monthly income by $2000, signs the document, and files it with the judge's clerk.

Probation Violation
What happens if I violate my probation? Will I automatically be sent to jail?
Probation violation is an offense that occurs when you break the terms or conditions of your probation. The consequences associated with probation violation usually depend on a variety of factors, such as the nature and seriousness of the violation, whether you have any prior violations, and whether there are other circumstances that may lessen (or worsen) the severity of the situation. A probation violation may result in significant penalties, such as heavy fines, extended probation, jail time, or more. How Probation Is Violated Probation violation laws vary among the states and are governed by federal and state law. Generally, a probation violation occurs when you ignore, avoid, refuse, or otherwise break the terms or conditions of your probation at any time during the probation period. Probation typically runs from one to three years, but may also last for several years depending on the original offense. Probation may be violated in many different ways. Circumstances that may lead to a probation violation include:

Not appearing during a scheduled court appearance on a set date and time; Not reporting to your probation officer at the scheduled time or place; Not paying any required fines or restitutions (to victims) as ordered by a court; Visiting certain people or places, or traveling out of state without the permission of your probation officer;

Possessing, using, or selling illegal drugs; Committing other crimes or offenses; and Getting arrested for another offense, regardless of whether criminal or not.

When Probation Is Violated -- What Happens Next?

Warning or Request to Appear in Court

There is no set rule as to what happens immediately after a probation violation is reported. Probation officers have broad discretion to issue a warning, or require you to appear in court for a probation violation hearing. In deciding, a probation officer may consider the severity and type of condition violated, past probation violations or warnings, and other considerations. If you are requested to appear in court, the probation officer will request some form of penalty, which may potentially include jail time.

Determination of Probation Violation

During a probation hearing, a sentencing judge will hear your case to consider whether you violated any terms or conditions of your probation. The prosecuting attorney will need to prove a violation occurred by a "preponderance of the evidence" standard, or by a likelihood of more than 50 percent. Factors a judge might consider include the nature, type, and seriousness of the violation claimed, as well as a history of prior probation violations and other aggregating or mitigating circumstances.

Sentencing
If you are found guilty of probation violation, sentencing will occur shortly after the probation hearing, at which time the court may extend your probation, impose additional probation terms, order you serve a brief time in jail, or revoke your probation altogether and require you to serve out any remaining time of your original sentence in prison. Factors a judge may consider in determining your sentence may include the nature and manner of the offense and whether the offender was a "first-time" or "repeat" offender, among others considerations. Legal Rights at a Probation Hearing If you are facing probation violation charges, it is important to know your legal rights to minimize or avoid additional penalties and consequences. Generally, you have the right to: (1) receive written notice of the claimed violations against you, (2) be heard by a neutral judge in court, (3) attorney representation, and (4) to present evidence and witnesses to support your case, or refute evidence against you. A local attorney or other expert legal adviser can help you understand the rights available to you at a probation hearing in your particular state. Penalties and Punishment for Violating Probation Judges have broad discretion to impose jail sentences or other penalties for probation violations, subject to the maximum limits of a particular state statute. Some of the lighter penalties for violating your probation include having to perform community service, attend rehabilitation, "boot camp" or other programs aimed at correcting the behavior. Other, more serious, penalties include having to pay large fines or restitutions (monetary fines to victims), or having to serve a brief time in jail. The judge may also revoke your probation altogether and require you to serve the remaining terms of your original sentence in prison. Conclusion Probation violation is a serious offense that occurs when a person avoids or breaks any of the terms or conditions of his or her probation. When those terms are broken, the person serving probation faces severe consequences and penalties, including the possibility of additional probation terms, significant fines, a revoked probation or, more significantly, jail time.

Prostitution
Prostitution laws make it a crime in most states to offer, agree to, or engage in a sexual act for compensation. Depending upon applicable state law, the stages of a typical prostitution "transaction" can involve charges against the provider of services (for "prostitution"), the customer paying for the services (for "solicitation of prostitution"), and any middleman (for "pandering" or "pimping").

Public Intoxication
Public intoxication charges, often called being "drunk and disorderly", is a legal charge alleging that a person is visibly drunk or under the influence of drugs in public. It is usually a misdemeanor crime under state and local law. Public intoxication laws exist to prevent people from disturbing others in public and to remove people who appear to be unable to stop themselves from hurting themselves or others. Public Intoxication: Basic Elements of the Criminal Charge By definition, a public intoxication charge usually has a number of elements, all of which must be met, including: 1. You appear or seem to be; 2. Drunk or intoxicated; and 3. You are in public. Many states also require prosecutors to prove that you seem so out of control that you don't appear to be able to take care of yourself, or that you present a threat to the safety of others. If you walk out of a bar or restaurant appearing tipsy, boisterous, behaving in a lewd manner, or swearing, there is a good chance that you may be stopped by the local police on public intoxication charges. In many states, public intoxication offenses do not even require that you are drunk to be convicted of the charge. You simply have to appear drunk or high on drugs, even if that's not the case. Your behavior and demeanor will be a key component of the charges. Another key element of any public intoxication charge is that you must actually be in public. What makes a place public? Is it located on government owned property? Is it a private facility where people gather, like a mall or sports stadium, or is it on private property that you own and out-of-view of your neighbors? There is no single legal definition of a public place. Determining the public or private nature of the place where you received a public intoxication charge is the type of issue that courts examine in public intoxication cases. Public Intoxication: Defenses and Exceptions If you are accused of being publicly intoxicated, your lawyer may be able to raise legal defenses. Here are some of the defenses to public intoxication charges:

You Are Not Drunk And Are Not Acting Drunk An affirmative defense to charges of being drunk and disorderly is that you were not actually behaving in a drunken manner in public. You may claim your loud behavior was due to enthusiasm over a promotion or excitement that your team won a sports contest. The burden of proving this defense remains on the person accused of the crime.

Public Intoxication Is Not A Crime Where You Are Cited Some communities do not have laws against public intoxication. States like Nevada, Montana, and Missouri do not criminalize being drunk in public. The city of Milwaukee allows people to be drunk in public, although other municipalities in Wisconsin outlaw public drunkenness.

You Are Cited for Public Intoxication While In A Private Place Being convicted of public drunkenness charge requires that you are in public. If you are not in public, then an essential element of the offense is missing. If a police officer orders you to come out into a public place and then cites you for public intoxication, you may be able to raise this defense.

Public Intoxication Law Charges - Your Legal Rights If you or a loved one experienced are charged with being publicly intoxicated or drunk and disorderly, you may be able to defend and fight the charge in court. It is very important that you contact a DUI or criminal defense attorney to learn how they may be able to help you or your family. Some of the legal factors that a public intoxication defense attorney can review with you include: 1. Whether you or your loved ones, given the particular facts of your case, actually violated city or state law; 2. Whether the arresting police or law enforcement officer followed the law; 3. Whether your conduct did, or did not, constitute a criminal violation.

Pyramid Schemes
Pyramid schemes are a criminal form of investment fraud in which a large return on a small amount of money is promised, if the initial investor convinces new recruits to invest their own money in turn. The "pyramid" is built on the belief that others will continue to add their own money into the scheme. But once additional investors become scarce, the pyramid collapses and large amounts of money can be lost. Increasingly, pyramid schemes are conducted via the Internet and e-mail.

Racketeering/RICO
Federal and state racketeering, profiteering, and RICO (Racketeer-Influenced and Corrupt Organization) laws make it illegal for criminal organizations to profit from any legitimate business operations. Many of these laws allow for the confiscation and seizure of the criminal organization's legitimate enterprise assets, and are typically used against known "organized crime" groups. The goal is to cripple the operation financially, and cut off sources of cash that support ongoing criminal activity.

Rape
The crime of rape (or "first-degree sexual assault" in some states) generally refers to non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress. A lack of consent can include the victim's inability to say "no" to intercourse, due to the effects of drugs or alcohol. Rape can occur when the offender and victim have a pre-existing relationship (sometimes called "date rape"), or even when the offender is the victim's spouse. Under a variation known as "statutory rape," some states make it unlawful for an adult to engage in sexual intercourse with a person who has not reached the age of consent (usually 18 years of age).

Robbery
Many states define robbery as theft/larceny of property or money through the offender's use of physical force or fear against a victim. Where a deadly weapon such as a gun is used or the victim suffers injury, the robbery may be charged as "armed" or "aggravated." Unlike burglary, the crime of robbery almost always requires the presence of a victim who suffers actual injury, or is threatened with harm. For example, Dan approaches Victor from behind, demanding Victor's wallet while pressing a hard object into his back. Fearing that Dan has a gun, Victor gives up his wallet. If Dan did use a gun, or if Victor suffered an injury, the charge would likely be elevated to "armed" or "aggravated" robbery.

Securities Fraud
Securities fraud can be committed when 1) a corporate officer or director makes a material misrepresentation, withholding, or distortion related to stock information (usually pertaining to value), 2) an officer or director unlawfully discloses confidential information related to a stock, and 3) an individual or entity acts upon the unlawful disclosure of certain confidential stock information. Securities fraud is usually governed by both federal and state law, and legal action can be initiated by private investors, or by a government agency such as the U.S. Securities and Exchange Commission.

Shoplifting
"Shoplifting" generally refers to the theft of merchandise from a store or place of business. Shoplifting is a type of larceny, which simply means taking the property of someone else without their permission, and with the intent to permanently deprive the owner of the property taken. Though states may punish shoplifting under their general larceny or theft statutes, many states have enacted statutes to specifically address shoplifting. States may refer to the crime by different names, including "retail theft" and "concealment of merchandise." These state laws vary widely, but generally, shoplifting offenses includes two elements: 1. willfully concealing or taking possession of items being offered for sale; and 2. the intent to deprive the items' rightful owner (typically the store) of possession of the items, without paying the purchase price.

Crucially, this means that in most states, one can break shoplifting laws without attempting to get out of a store with stolen goods. Simply concealing merchandise, inside or outside the store, will often be enough. One must have the intent to take the item from the store, however, many states consider the act of concealing merchandise to be evidence of intent. In addition to hiding an item to avoid paying for it, shoplifting laws also make it illegal to take actions to avoid paying the full purchase price for an item. This can include altering price tags, manipulating merchandise, and putting goods into different containers or packaging to avoid paying all or part of the purchase price. Severity of Shoplifting Charges Like charges for other types of theft, the severity of shoplifting charges generally depends on the value of the goods involved. If firearms, explosives or incendiary devices are shoplifted, the severity of charges increases in many states. States laws often include a range of charges, and can allow prosecutors discretion in deciding which charges to pursue in a given case. In many states, the range of shoplifting charges runs from a low level "infraction," to misdemeanor, up to differing degrees of felony charges. In some states, any shoplifting offense will be charged as at least a misdemeanor. Often, the prosecutor will be able to choose between multiple levels of charges. Prior criminal convictions, specifically prior theft convictions, regularly play a large part in the prosecutor's decision of which charge to pursue. In some states, prior theft convictions automatically result in a more severe charge. Typically, infractions result in a fine. Depending on the state, misdemeanor charges may result in jail time (less than one year), probation and/or a fine. Felonies may result in a longer jail sentence, probation and/or a larger fine. State laws vary widely in the severity of shoplifting charges. In some places, any shoplifting offense may result in a jail sentence. In-Store Detention of Shoplifters Because shoplifting poses a large threat to retailers, the issue of how far they can go in attempts to stop shoplifters has a long history. Private citizens generally may not legally hold people against their will. Doing so opens the door to civil and even criminal liability for false imprisonment. However, many states have enacted statutes specifically authorizing stores and their employees to detain suspected shoplifters in certain circumstances. These laws serve to protect the stores from lawsuits claiming false imprisonment or false arrest. Though these laws vary, store owners and their employees generally are allowed to detain an individual when they have probable cause to suspect shoplifting. However, any such detention of a suspected shoplifter must be reasonable in length and manner. Detentions without probable cause, for an unreasonable amount of time, or in an unreasonable manner may leave the store open to liability for false imprisonment and possibly other claims.

What constitutes probable cause to suspect shoplifting comes down to case by case specifics. Mere suspicion typically will not suffice. Most states require that the store or its employees have evidence which would lead a reasonable person to believe that shoplifting had occurred or was in progress. If the store bases its detention of a suspected shoplifter on information from a non-employee informer, that informer must have a reasonable basis for suspecting shoplifting. The appropriate length of detention also comes down to case by case specifics. However, detention continued for the purpose of securing a confession from the suspect, or for the purpose of getting the suspect to sign a waiver of store liability, would be considered unreasonable under many states' laws. Such detentions could leave a store open to liability for false imprisonment. In terms of the manner of detention, the use of excessive force may be deemed unreasonable. An unreasonable manner of detention could leave the store and its employees open to liability for false imprisonment and possibly other claims, such as assault or battery. Conclusion Shoplifting is a type of theft involving the taking or concealment of items being offered for sale. Depending on state law and factors including the value of items shoplifted, it may be charged as an infraction, a misdemeanor or a felony, and may result in incarceration, probation and/or a fine.

Solicitation
Criminal solicitation is requesting, encouraging or demanding someone to engage in criminal conduct, with the intent to facilitate or contribute to the commission of that crime. Most commonly, solicitation refers to solicitation of prostitution the crime of soliciting someone to engage in prostitution. Elements of Solicitation Though state laws vary, to be guilty of solicitation, one must:

request that someone else engage in criminal conduct; and have the intention to engage in criminal conduct with that person.

States vary as to whether the other person must receive the request, or whether the act of making the request (along with criminal intent) is enough to constitute solicitation. Some require that the other person actually receive the request. Regarding solicitation of prostitution, this generally means that the person must communicate a request that another person engage in sex acts for compensation, and must have the intention to follow through with the request. Subsequent Crime Need Not Be Committed Its important to remember that the subsequent crime the actual prostitution for example need not be committed. Someone can still be guilty of solicitation even if their request is not accepted, or the subsequent crime simply never happens. For example, if an undercover police officer receives a request to engage in prostitution, the alleged client can be convicted for soliciting even though no prostitution did or will actually take place.

Defenses to Solicitation Charges As in all criminal cases, a solicitation defendant can challenge that they did not commit the act, or that they did not have a criminal intent if they did commit the act. For example, someone charged with solicitation of prostitution might argue that he or she was not the person who did it, or that there was no offer or intent to compensate the other person for performing sex acts. In some cases, a person is not liable for solicitation if he or she recants their intention to commit the subsequent crime, and notifies the other person that their request is off the table. Depending on what type of criminal behavior the person was soliciting, recanting might also require notifying the police in order to prevent subsequent criminal conduct from unfolding. Often, evidence in addition to any testimony from the person propositioned is required in order to convict someone of solicitation. Punishment for Solicitation Since one can solicit the commission of a variety of crimes, punishment for solicitation can vary widely, and vary by state as well. Solicitation charges escalate depending on the degree of felony which was allegedly solicited. For example, solicitation of murder is punished as a much higher degree of felony than solicitation of prostitution. Punishment for solicitation of prostitution can also vary. If the person has prior convictions, they are more likely to be sentenced to jail time. First time offenders may often avoid jail time, and receive fines, community service, or other alternative sentences. Some states now require HIV testing and HIV classes for those convicted of soliciting prostitution. As a felony, a conviction for solicitation can have huge consequences. An experienced criminal attorneycan help someone charged with solicitation find the best possible solution available.

Stalking
Stalking laws in most states pertain to a relatively new crime involving a clear pattern of conduct in which the offender follows, harasses, or threatens another person, putting that person in fear for his or her safety. An individual may be charged with stalking regardless of any pre-existing relationship with the victim. Stalking victims can range from celebrities to former spouses who have obtained a protective order against their ex. For example, Dan spends a number of hours each week harassing Victoria, his former girlfriend, by following her home from work, sending her threatening emails, and calling her in the middle of the night

Statutory Rape
Statutory rape refers to sexual relations involving someone below the "age of consent." People below the age of consent cannot legally consent to having sex. This means that sex with them, by definition, violates the law. Statutory rape laws vary by state, with states setting the age of consent differently, as well as using different names to refer to this crime. Many states punish statutory rape under laws addressing sexual assault, rape, unlawful sexual intercourse or carnal knowledge of a child. There are very few federal laws dealing with statutory rape. No Requirement of Force Statutory rape differs from other types of rape, and from child molestation, in that the act would not be a crime if all participants were above the age of consent. Unlike "forcible rape," statutory rape can involve underage participants who willingly engage in sexual relations. However, because those under the age of consent cannot give legal consent to sex, the act is a crime whether or not force is involved. If the act involves force or coercion, many states prosecute the offender under the separate statutes punishing child molestation or aggravated rape. Age of Consent The age of consent varies from state to state. Many states set the age of consent at 16 years old, while others set it at 17 or 18. Historically, statutory rape has been a "strict liability" offense, meaning that it does not matter whether what the perpetrator believed the victim was old enough to consent to sex. Some states now allow the defense that the perpetrator had reason to believe, and did believe, that the minor was above the age of consent. However, in many states this defense is not allowed, meaning that the act was a crime regardless of what the perpetrator believed the victims age to be. In states that do allow such a defense, it often cannot be used if the victim was particularly young, commonly under the age of 14. Factors Affecting the Level of Offense Charges and Penalties Laws punishing statutory rape often include a spectrum of offenses, ranging from misdemeanors to high level felonies. In general, two main factors affect the level of offense for an act of statutory rape: (1) the age of the victim; and (2) the age difference between victim and perpetrator. Other factors, including any prior sex offenses committed by the offender, whether drugs or alcohol were involved, and whether pregnancy resulted, can also affect the level of charge imposed. For example, in some states sexual relations with someone less than 12 or 14 years old constitutes a first degree felony, while sex with someone older but still below the age of consent, might be a misdemeanor or lower level felony. In other states, any act of statutory rape constitutes a felony, with serious and sometimes mandatory jail sentences resulting. State laws vary widely on these factors, with almost each state using a different calculation method to classify the level of offense. The range of offenses within a single state can involve multiple factors and include a broad range of charges.

Some states impose harsher penalties when the offender is a certain number of years older than the victim. Other state have statutes in which the age of the perpetrator alone (over 21, for example), pushes the act into a higher level of offense. Punishment for statutory rape can include mandatory prison or jail sentences, probation, fines, and mandated treatment services. Many states require those convicted of statutory rape to register as sex offenders. "Romeo and Juliet Laws" To address sexual relations in which all participants are below the age of consent, or which involve an offender close in age to the minor, some states have enacted what have been called "Romeo and Juliet laws." These laws carve out different treatment of statutory rape offenses involving individuals close in age. Not all states have adopted "Romeo and Juliet" laws, and such laws operate differently in many of the states which have adopted them. In some states, they allow a defense against criminal charges for statutory rape. In other states, they shift the offense to a lower level, such as a misdemeanor. In some places, Romeo and Juliet laws reduce the level of punishment for the offense - imposing only probation or a fine, or eliminating the requirement to register as a sex offender, for example. Professionals Required to Report Some states require certain classes of professionals to report knowledge or suspicion of statutory rape to authorities. Types of professionals required to report statutory rape often include teachers, medical professionals, public employees, and clergy, among others. Conclusion Statutory rape is a state sex crime that can be charged as a felony or misdemeanor offense and may be punishable by incarceration, fine, probation, and/or registry as a sex offender, depending on the state and circumstances of the incident.

Tax Evasion
Tax evasion/fraud laws make it a federal or state crime to purposefully avoid the payment of federal, state, or local taxes, whether those taxes are a personal obligation or that of a business entity. A tax evasion/fraud conviction can result in penalties such as fines, incarceration, and asset forfeiture.

Telemarketing Fraud
Laws related to telemarketing fraud commonly pertain to various deceptive schemes directed at consumers via unsolicited telephone calls, promising prize winnings and large cash windfalls that are non-existent or fraudulent. Telemarketing fraud schemes are often targeted toward the elderly.

Theft/Larceny
Theft/larceny is typically defined as the taking of almost anything of value without the consent of the owner, with the intent to permanently deprive him or her of the value of the property taken. Most states recognize degrees of theft, such as "grand" or "petty," which usually relate to the value of the property taken. For example, Dan goes to Victor's music store, puts two CDs in his pocket, and walks out the door. Dan can be charged with theft/larceny. Had Dan stolen Victor's car from the parking lot, Dan would likely be charged with grand theft/larceny.

Vandalism
Vandalism is an offense that occurs when a person destroys or defaces someone else's property without permission. Effects of vandalism may include broken windows, graffiti, damage to vehicles, and even damage or destruction of a person's website. The results of vandalism may be found on billboards, street signs, and building structures, as well as near bus stops, tunnels, cemeteries, and many other public spaces. While vandalism may be considered "art" by some, it is nonetheless a crime against property that is punishable by jail time, monetary fines, or both. What Constitutes Vandalism? Vandalism is a broad category crime that is used to describe a variety of behaviors. Generally, vandalism includes any willful behavior aimed at destroying, altering, or defacing property belonging to another. Common behaviors that may lead to a vandalism charge include:

Spray painting another's property with the purpose of defacing; "Egging" someone's car or window; Keying (or scratching) paint off of someone's car; Breaking someone's windows; Defacing public property with graffiti and other forms of "art"; Slashing someone's tires; Defacing park benches; and Altering or knocking down street signs; Kicking and damaging someone's property with your hands or feet; and several other behaviors.

In addition, a person who possesses the means to commit vandalism, including possession of a drill bit, glass cutter, or other substance, may also face vandalism charges under certain circumstances (for example, a person under eighteen who carries a can of spray paint at a park or on school grounds).

Vandalism Laws Vandalism is covered by state statutes, and varies by state. Some states refer to vandalism as "criminal damage", "malicious trespass", "malicious mischief", or other terms. In an effort to control the impact of vandalism, many states have specific laws that may decrease certain forms of vandalism. For example, some states have local "aerosol container laws" that limit the purchase of spray paint containers or other "vandalism tools" which could be used for graffiti or vandalism purposes. In addition, some states have laws that prohibit vandalism to certain types of property, such as autos, churches, school property, and government facilities. Moreover, some states have laws that prohibit specific acts of vandalism, such as breaking windows, graffiti, and using man-made substances to destroy property. Purpose of the Law Vandalism laws exist to prevent the destruction of property and public spaces, and may also exist to protect against hate crimes and other behavior that is directed at religious or minority groups, such as ransacking a church or synagogue, writing racist or sexist graffiti on school property, or etching a swastika in a car. Penalties and Punishment Depending on the specific state and value of the property damage, vandalism is either a misdemeanoror felony offense. Penalties typically include fines, imprisonment in county jail, or both. In addition, a person convicted of vandalism is frequently ordered to wash, repair or replace the damaged property (known as "restitution"), and/or participate in programs to clean up graffiti and other forms of vandalism. Moreover, a parent of a minor child may be ordered to pay fines resulting from their child's vandal behavior under a "parental liability" theory. Related Offenses Vandalism, on its own, is often considered a non-violent crime that generally affects ones "quality of life", but may escalate to more serious crimes typically involving juveniles including theft/larceny,burglary, drug possession, disturbing the peace, and other random acts of violence. Defenses to Vandalism Defenses to vandalism typically include circumstances that might "mitigate" or lesson the penalties, such as indifference, accident, mischief, or creative expression. Even though vandalism is a crime that generally requires completion of the act, it does not require you to get "caught in the act". You may be charged with vandalism after the fact if there are witnesses, surveillance, or other evidence that might implicate you with the crime. Conclusion Vandalism has the potential to cost states millions of dollars each year in clean-up efforts and other program costs, and may cause psychological or emotional damage to property owners as well. When a

person defaces, alters, or otherwise destroys someone's property, he or she may be required to clean- up, repair, or replace the damaged property or, more substantially, face criminal penalties in the form of jail time, fines, or both.

White Collar Crime

"White collar crime" can describe a wide variety of crimes, but they all typically involve crime committed through deceit and motivated by financial gain. The most common white collar crimes are various types of fraud, embezzlement, tax evasion and money laundering. Many types of scams and frauds fall into the bucket of white collar crime, including Ponzi schemes and securities fraud such as insider trading. More common crimes, like insurance fraud and tax evasion, also constitute white collar crimes Fraud Many white collar crimes are frauds. Fraud is a general type of crime which generally involves deceiving someone for monetary gain. One common type of white collar fraud is securities fraud. Securities fraud is fraud around the trading of securities (stocks, for example). Securities Fraud Securities fraud comes in many flavors, but one common type is "insider trading," in which someone with inside information about a company or investment trades on that information in violation of a duty or obligation. For example, an executive knows confidential information about an upcoming company earnings report decides to sell of a chunk of his stock in the company. That would be considered securities fraud, specifically, insider trading. Another type of securities fraud is when someone seeks investment in a company by knowingly misstating the companys prospects, health or finances. By luring an investor to put up money based on false or misleading information, the company and individuals within it commit securities fraud. False or misleading statements in public reports from publicly traded companies also can constitute securities fraud. To commit securities fraud, those speaking on behalf of the business must make these false statements with knowledge that they are false, or at least reasonably should know them to be false. Other White Collar Frauds Many types of fraudulent schemes, including mortgage fraud and insurance fraud, are amongst the more common white collar crimes. These can be as common as an individual embarking on an insurance scheme to improperly collect on an insurance policy after lying in application materials. They can also extend to larger scale schemes by businesses to defraud their customers or others in the marketplace. Ponzi schemes and other business related scams to fraudulently take money from investors have been some of the most famous white collar crimes. These can take all shapes and sizes. Embezzlement Embezzlement is improperly taking money from someone to whom you owe some type of duty. The most common example is a company employee that embezzles money from his employer for example by siphoning money into a personal account.

Embezzlement can take many forms, however. Lawyers who improperly use client funds commit embezzlement. So do investment advisors who improperly use client funds they have been entrusted to protect. Tax Evasion Criminal tax evasion is a white collar crime through which the perpetrator attempts to avoid taxes they would otherwise owe. Tax evasion can range from simply filing tax forms with false information to illegally transferring property so as to avoid tax obligations. Individuals, as well as businesses can commit criminal tax evasion. As with fraud, there are perhaps infinite ways to commit tax evasion. Money Laundering Money laundering is the criminal act of filtering illegally obtained ("dirty") money through a series of transactions designed to make the money appear legitimate ("clean"). Money laundering often involves three steps. First, the money is deposited typically into a financial institution such as a bank or brokerage. Next, the money is separated from its illegal origin by layers of often complex transactions, making it more difficult to trace the "dirty" money. The third step is integration. This is where the freshly "cleaned" money is mixed with legally obtained money, often through the purchase or sale of assets. Depending on the charges in question, white collar crimes can involve a variety of state and federal laws. An experienced white collar defense attorney can help navigate potential criminal liability, as well

Wire Fraud
Wire fraud crimes refer broadly to any fraudulent or deceitful scheme to secure money or property, committed or aided through the use of interstate "wires" -- meaning television, radio, telephone, or computer modem. Almost all instances of wire fraud are considered federal crimes, due to their potential interstate effects.