Specific Crimes FAQs
Contents
Specific Crimes FAQs
I know folks have a lot of questions about specific crimes – what they are, what the penalties are, and how they are handled by the justice system. I wanted to try and answer some of the most common questions in a simple, easy-to-understand way. I’m not a lawyer but I did a bunch of research and tried to break it down into plain English.
What is murder?
Murder is when one person kills another person on purpose. There’s 1st degree murder and 2nd degree murder:
- 1st degree is when it’s planned ahead of time
- 2nd degree is when it happens in the moment, like during a fight
To prove murder, the prosecution has to show the defendant intended to kill the victim. Accidents or self-defense are not murder. Murder has no statute of limitations, meaning it can be prosecuted no matter how long ago it happened. All states have the death penalty for 1st degree murder except Alaska, Hawaii, Maine, Michigan, Minnesota, North Dakota, Vermont, West Virginia, and Wisconsin.
What is manslaughter?
Manslaughter is when someone kills another person but it doesn’t amount to murder. There’s voluntary manslaughter and involuntary manslaughter:
- Voluntary is when the defendant intended to kill but it was in the “heat of passion” during a fight or something
- Involuntary is when the killing was accidental but happened during a crime or reckless behavior
Manslaughter is a less serious crime than murder with lighter penalties. The statute of limitations is usually 3-6 years. Manslaughter rarely carries the death penalty.
What is assault and battery?
Assault is when someone tries or threatens to hurt someone else. Battery is when they actually do hurt them. You can have assault without battery, but not battery without assault. Assault includes:
- Trying to punch or hit someone (even if you miss)
- Threats to hurt someone that seem real
- Purposely driving a car at someone
Battery is offensive touching without consent. That includes hitting, kicking, shoving, etc. Assault and battery are misdemeanors unless a weapon is used or the victim has serious injuries. Then they become felonies. Jail time can range from 6 months for misdemeanor assault up to 15 years for aggravated assault with a deadly weapon. The statute of limitations is 1-3 years.
What is robbery?
Robbery is theft by force or threat of force. It involves taking property from another person against their will. Some examples are:
- Demanding money from a cashier while brandishing a weapon
- Mugging someone and taking their purse
- Breaking into a house when the residents are home
Robbery is a felony with possible penalties of 1-25 years in prison depending on circumstances. Using a weapon or causing injury leads to higher sentences. The statute of limitations is 3-6 years.
What is burglary?
Burglary is illegally entering a building to commit a crime, usually theft. It’s still burglary even if nothing is stolen. Some examples are:
- Breaking into a home, business, or vehicle to steal property
- Using a crowbar to pry open a locked door
- Climbing through an open window to get inside
Burglary is a felony with 1-10 years in prison typically. It becomes home invasion if residents are home, leading to harsher penalties. The statute of limitations is 3-6 years.
What is theft and larceny?
Theft and larceny are the same crime – taking someone else’s property without permission. If it’s taken by force it becomes robbery. Some examples are:
- Shoplifting merchandise
- Embezzling money from an employer
- Pickpocketing a wallet
- Finding a lost cell phone and keeping it
Penalties vary based on the value of property stolen. Small thefts under $500 are usually misdemeanors. Felonies carry 1-10 years typically. The statute of limitations is 2-5 years.
What are sex crimes?
Sex crimes include rape, sexual assault, child molestation, creating or distributing child pornography, and other nonconsensual sexual acts. They can range from misdemeanors to serious felonies. Some key factors are:
- Consent – children cannot legally consent
- Type of sexual contact – penetration, touching, exposure, images, etc.
- Relationship between victim and perpetrator
- Use of force, weapons, or threats
Penalties range from probation to life in prison. Statutes of limitations vary but have been eliminated altogether for many sex crimes. Sex offender registration is often required upon conviction.
What is drug possession?
It’s illegal to possess drugs without a valid prescription. “Possession” means having it on your person, in your home, car, or other property. Some key factors are:
- Type and quantity – small personal use amounts versus distribution quantities
- Intent – for personal use or for sale/trafficking
- Location – school zones, prisons, and other prohibited areas have enhanced penalties
Penalties range from fines for small quantities of marijuana to lengthy prison sentences for trafficking. Statutes of limitations are 1-3 years typically. Drug diversion programs are sometimes available for first-time possession.
What is white collar crime?
White collar crime refers to non-violent, financially-motivated crimes committed by businesses, government agencies, or high-level individuals. Some examples are:
- Embezzlement
- Bribery
- Tax evasion
- Insider trading
- Money laundering
- Identity theft
Penalties vary based on the amounts involved and other factors. Jail time may range from 1-20 years for major cases. Statutes of limitation are typically 5 years from discovery of the crime.
I hope these explanations help provide a better understanding of some common criminal offenses. Let me know if you have any other questions!
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