Articles Posted in Legal News / Legal Information

CRIMES

50 ‘most charged’ crimes defined

CARJACKING

Taking a motor vehicle from the custody of another person by force, violence or assault or putting in fear.

The taking must be with the intent to temporarily or permanently deprive the victim of their right to use or possess the motor vehicle.

CRIMES

50 ‘most charged’ crimes defined

BRIBERY

To corruptly give, offer, or promise to any public servant any pecuniary or other benefit with the intent to influence the performance of any act within the discretion or power of the public servant.

The state must prove:

1. The defendant directly or indirectly gave or offered something of value to a public official.
2. The defendant did so knowingly and corruptly, with the intent to influence an official act.

CRIMES

50 ‘most charged’ crimes defined

BOOKMAKING

The elements are:

1. Defendant was engaged in the business or profession of gambling.
2. While so engaged he/she took or received a bet or wager.
3. The bet or wager was upon the result of any trial or contest, or skill, speed, power or endurance of human, beast, fowl, motor vehicle or mechanical apparatus,  or upon the result of any change, casualty, unknown, or contingent event.

CRIMES

50 ‘most charged’ crimes defined

ACCESSORY AFTER THE FACT

To prove this crime the state must prove that after the felony was committed you:

1. assisted or gave aid,
2. knowing the other person committed a felony
3. that you intended to help that person avoid detection, or escape,
4. you are not related by blood or marriage.

CRIMES

50 ‘most charged’ crimes defined

LOITERING and PROWLING

To prove the crime of loitering and prowling, the state must prove:

1. Defendant loitered or prowled in a place, at a time, or in a manner not usual for law abiding individuals.
2. The loitering and prowling was under circumstances that warranted justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

To loiter is to linger or dawdle or remain or move about without a lawful purpose.

CRIMES

50 ‘most charged’ crimes defined

CRUELTY TO ANIMALS

To be guilty the state must prove:

The defendant unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner.

It can be a felony if the defendant intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering.

CRIMES

50 ‘most charged’ crimes defined

POSSESSION OF A CONTROLLED SUBSTANCE

‘Possession’ means to have personal charge of, or exercise the right of ownership, management, or control over the thing possessed.

Possession may be actual or constructive.

‘Constructive possession’ means the thing is in a place over which the person has control, or in which the person has concealed it.

If a person has exclusive possession of a thing, knowledge of its presence may be inferred or assumed.

CRIMES

50 ‘most charged’ crimes defined

KIDNAPPING

To prove the crime of kidnapping, the state must prove the following three elements:

1. Defendant forcibly, secretly, or by threat: confined, or abducted, or imprisoned the victim against his or her will.
2. The defendant had no lawful authority
3. The defendant acted with intent to do any of the following:

• commit a felony
• hold for ransom
• inflict bodily harm
• terrorize the victim
• interfere with the performance of any governmental or political function.

CRIMES

50 ‘most charged’ crimes defined

STALKING

A course of conduct where the defendant willfully, maliciously and repeatedly followed or harassed the victim.

Harass means a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.

Aggravated Stalking includes the added act of a credible threat that places the victim in reasonable fear of death or bodily injury.

A credible threat means a threat made with the intent to cause reasonable fear for one’s safety, and must be against the life of the victim or a threat to cause bodily injury.

CRIMES

50 ‘most charged’ crimes defined

TRAFFICKING IN ILLEGAL DRUGS

To prove this the state must prove all of the following:

1. The defendant knowingly sold, purchased, manufactured, delivered, or possessed
2. A controlled substance (or a mixture containing a controlled substance)
3. The weight of which is more than 5 grams (Federal) most States’ trafficking charges start at 28 grams for ‘controlled substances’. Trafficking in some pills can be as few as ONE pill!
4. Knowing the substance or mixture contained a controlled substance
5. With the intention to sell, purchase, manufacture or deliver the controlled substance.

The State does not have to prove a sale.  Giving drugs (at a party for example) is trafficking for some pills.