Some Fundamental of criminal law

Published By Weiser Law Firm, 30 Nov 2017



Criminal law generally refers to the different conducts that the government of a country may consider harmful in nature and any rules and regulations that may govern how punishments are meted out. A criminal act may be considered a felony or a misdemeanor based on the gravity of the act. Felonies can be punishable by death or by imprisonment which may not be less than two years. Acts of misdemeanors may not receive punishment of more than one year imprisonment. Less severe crimes like driving offenses that fall under criminal law are mostly referred to as violations.


When there is a criminal offense, the prosecutor will try to make the jury believe that there was intent do harm as well as malice in the action. On the other hand, the New Orleans Criminal Lawyer service will be there to ensure that the jury finds their client not guilty by proving that there was no intent or malice involved in the act. This is because, for an act to be considered criminal, certain conditions have to be fulfilled which include;


Intent to do harm


It has to be proved beyond reasonable doubt that the defender actually intended to cause harm even before the act was committed. This does not mean any time should elapse between the intent and the act. If it can be proven that the intent was made just before the act, the act is still a criminal offense. Most often the best prove of intent is to show that the person that committed the said crime was totally aware of the repercussions of the act they were committing.


Malice


This is another term that is similar to intent. It means to deliberately cause harm to another. In some places it can be called purpose


Motive


This is completely different from intent in that it is the motivation the person has for committing the said act. A motive could be knowledge of an inheritance that could only come at the death of another person. It is not necessary for a motive to be present for a crime to be declared criminal. However, motive may be needed in cases where it is not very easy to establish guilt.


Defenses


There are times when a person may not be held liable for a criminal act. Such instances may occur of the perpetrator of the act is a child, was under the influence of drug or alcohol. Children who are cannot be held liable for their acts especially if they are under seven. Even those under the age of fourteen are cannot be held liable under a criminal act. Today, when you will visit the web, you will notice that there are many criminal lawyers that are ready to help you, but do you know which one is best? It is tough decision, so you need to visit haroldweiser.com, because here you can find experienced and talented lawyers only.


The above are some of the factors a criminal lawyer will be expecting to play on when they are defending a client for felony.