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Felonies and Serious Crimes
In the common law system, a felony is a crime generally punishable by more than one year’s imprisonment and entitles the defendant to a jury trial. "Common law" felonies are also major crimes under the Model Penal Code.
Murder is the intentional killing of a human being. It includes causing serious physical injury leading to the death of a human being. For example, if a person attacks another person with a hammer, intending only to injure rather than kill, the attacker can be prosecuted for murder if the attack results in the victim’s death.
- Murder is considered a felony and a crime of the first degree
- Generally, murder carries a term of imprisonment between 10 and 30 years, or life imprisonment
Manslaughter is the killing of a human being, but without the type of intent required for murder. Murder can be reduced to manslaughter if the crime was committed "in the heat of passion", meaning that the person who caused a death was provoked in a manner that the law recognizes as a mitigating factor. The provocation must be sufficiently grave to overcome the person's reason. Generally, malicious words do not count as justifiable provocation. The provocation must cause a reasonable person to lose control. Manslaughter also includes a recklessly caused death.
- Manslaughter is a felony and generally a crime of the second degree
- Manslaughter usually carries a term of imprisonment between five and 10 years, although the range of punishment varies greatly from state to state
Assault is the unlawful, intentional infliction of injury on another person. Many state laws distinguish between simple assault, considered a less serious crime, and aggravated assault, a more serious crime involving the use of a dangerous weapon or the intention to inflict serious bodily harm.
Under the common law, there are two types of rape: forcible rape and statutory rape.
- Forcible rape is carnal knowledge of a woman against her will
- Statutory rape is carnal knowledge of a girl under the age of 12 or of a girl under the age of 16 if the actor is over the age of 16, or of a girl who is the inmate of an institution of the mentally ill
Sexual assault has replaced the term rape in some states. Sexual assault is further classified as aggravated sexual assault and sexual assault. Aggravated sexual assault requires sexual penetration of the victim under specifically defined circumstances. Sexual assault also requires sexual penetration but the circumstances surrounding the crime involve less culpable behavior than an aggravated sexual assault.
- Aggravated sexual assault is a crime of the first degree or felony
- Sexual assault is a crime of the second degree or felony
Criminal sexual contact is an intentional touching of the intimate parts of the victim under specifically defined circumstances.
- Under the Model Penal Code, criminal sexual contact is a crime of the third or fourth degree, depending on the circumstances
Robbery is the unlawful taking of property in the immediate possession of another person, by force or threat of force. Holding up a convenience store clerk with a gun is a robbery, as is shoving a person to the ground and snatching money out of their hand as they are receiving it from an ATM machine.
Larceny, or theft, is taking property belonging to another person without force or deceit. For example, taking money from a person’s desk drawer while they are out of their office is larceny.
Arson is intentionally damaging or destroying property by means of fire or explosion. Arson can involve one’s own property or someone else’s property.
Burglary is the unlawful entry of a structure with the intent to commit a felony. Under the English common law, burglary was committed only if the structure was a "dwelling place", if the offense took place at night, and there was a "breaking", such kicking open a door. Under current state law and the Model Penal Code, the crime of burglary has been extended, usually to include "unlawful entry" of any fixed structure, vehicle, or vessel, at any time of day or night.
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