South Florida Criminal Defense Lawyer Blog
CRIMES
50 ‘most charged’ crimes defined
WHAT IS A CRIME?
“Crime” means a felony or a misdemeanor.
Violations and infractions are not defined as crimes.
There are no “common law” crimes. That means that you cannot be arrested for bad behavior. You can only be arrested and charged with violating a written criminal law.
Only the legislature can create criminal statutes. Courts and the police cannot create a “new” crime.
You can only be convicted if the state can prove you committed each and every element of the crime.
Failure to allege and prove each and every element will result in an acquittal.