Crime Definations

MURDER
Homicide is the killing of one human being by another either lawfully or unlawfully. Homicide includes murder and manslaughter, which are unlawful, and the acts of excusable and justifiable homicides, which are lawful.

Consequences for the conviction of Murder may potentially include:

• Up to life imprisonment
  
• Life in prison with or without parole
  
• Death penalty
  
• Significant fines
  
• Other

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
  
• Any other prior convictions
  
• Currently on probation or parole
  
• Attitude of community and court toward this type of crime
  
• Degree of media attention on case
  
• Mitigating/aggravating circumstances
  
• Other

Defenses for Murder may potentially include:

• Defense of others (loved ones)
  
• Insufficient evidence
  
• Factual innocence
  
• Self defense
  
• Insanity/Battered woman
  
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
  
• Early investigation and identification of all facts helpful to your defense
  
• Interview police to minimize or eliminate the case
  
• Interview the prosecutor to minimize or eliminate the case
  
• Interview all witnesses
  
• Reduce or eliminate bail requirements
  
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
  
• In appropriate cases, negotiate alternatives to jail
  
• Obtain an evaluation report from court approved psychologist (to show counseling may be a better alternative to jail)
  
• Coordinate a private lie detector test
  
• Develop appropriate motions to dismiss the case
  
• Develop appropriate motions to suppress evidence

RAPE
Two persons engaged in the act of sexual intercourse; the act of intercourse was against the goodwill of the alleged victim; the two persons were not married to each other at the time of the act of sexual intercourse; and the act was accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful injury to the alleged victim or another person.

Consequences for the conviction of Rape may potentially include:

• Imprisonment
  
• Sex offender registration
  
• Loss of the right to vote
  
• Loss of the right to own a deadly weapon
  
• Probation or parole
  
• Mandatory AIDS testing
  
• Court ordered rehabilitation
  
• Significant fines
  
• Other

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
  
• Any other prior convictions
  
• Currently on probation or parole
  
• Attitude of community and court toward this type of crime
  
• Degree of media attention on case
  
• Mitigating/aggravating circumstances
  
• Other

Defenses of Rape may potentially include:

• Consent
  
• Insufficient evidence
  
• Factual innocence/mistaken identity
  
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
  
• Early investigation and identification of all facts helpful to your defense
  
• Interview police to minimize or eliminate the case
  
• Interview the prosecutor to minimize or eliminate the case
  
• Interview all witnesses
  
• Reduce or eliminate bail requirements
  
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
  
• In appropriate cases, negotiate jail alternatives
  
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
  
• Coordinate a private lie detector test
  
• Develop appropriate motions to dismiss the case
  
• Develop appropriate motions to suppress evidence

MOLESTATION
A person who commits any lewd or lascivious act upon or with the body of a child, with the specific intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or child.

Consequences for the conviction of Molestation may potentially include:

• Imprisonment
  
• Sex offender registration
  
• Loss of the right to vote
  
• Loss of the right to own a deadly weapon
  
• Probation or parole
  
• Mandatory AIDS testing
  
• Prohibition from being alone with minors
  
• Court ordered rehabilitation
  
• Significant fines
  
• Other

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
  
• Any other prior convictions
  
• Currently on probation or parole
  
• Attitude of community and court toward this type of crime
  
• Degree of media attention on case
  
• Mitigating/aggravating circumstances
  
• Other

Defenses of Molestation may potentially include:

• Insufficient evidence
  
• Factual innocence/mistaken identity
  
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
  
• Early investigation and identification of all facts helpful to your defense
  
• Interview police to minimize or eliminate the case
  
• Interview the prosecutor to minimize or eliminate the case
  
• Interview all witnesses
  
• Reduce or eliminate bail requirements
  
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
  
• In appropriate cases, negotiate jail alternatives
  
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
  
• Coordinate a private lie detector test
  
• Develop appropriate motions to dismiss the case
  
• Develop appropriate motions to suppress evidence

THEFT/ARMED ROBBERY
A person took the personal property of some value belonging to another; when the person took the property that person had the specific intent to deprive the alleged victim permanently of that property; and that person carried the property away by obtaining physical possession and control for some period of time and by some movement of the property.

Consequences for the conviction of Theft may potentially include:

• Imprisonment
  
• Probation or parole
  
• Loss of the right to be bonded
  
• Restitution (paid to the victims to compensate for any losses)
  
• Court ordered counseling
  
• Significant fines
  
• Other

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
  
• Any other prior convictions
  
• Currently on probation or parole
  
• Attitude of community and court toward this type of crime
  
• Degree of media attention on case
  
• Mitigating/aggravating circumstances
  
• Other

Defenses of Theft may potentially include:

• Insufficient evidence
  
• Factual innocence
  
• True owner
  
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
  
• Early investigation and identification of all facts helpful to your defense
  
• Interview police to minimize or eliminate the case
  
• Interview the prosecutor to minimize or eliminate the case
  
• Interview all witnesses
  
• Reduce or eliminate bail requirements
  
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
  
• Provide vigorous and aggressive defense
  
• In appropriate cases, negotiate jail alternatives
  
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
  
• Coordinate a private lie detector test
  
• Develop appropriate motions to dismiss the case
  
• Develop appropriate motions to suppress evidence

FRAUD
A person made or caused to be made either directly, or indirectly, or through agency, a false statement; that person made or caused to be made with the specific intent that it be relied upon; that person knew this statement was false; the false statement was made with the specific intent to procure in any form whatsoever, either the delivery of personal property, the payment of cash, the making of a loan, credit, the extension of credit, the execution of a contract of guaranty or suretyship, the discount of an account receivable, or the making, acceptance, discount, sale or endorsement of a bill of exchange or promissory note before the benefit of either that person or another person.

Consequences for the conviction of Fraud may potentially include:

• Imprisonment
  
• Probation or parole
  
• Loss of the right to be bonded
  
• Restitution (paid to the victims to compensate for any losses)
  
• Court ordered counseling
  
• Significant fines
  
• Other

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
  
• Any other prior convictions
  
• Currently on probation or parole
  
• Attitude of community and court toward this type of crime
  
• Degree of media attention on case
  
• Mitigating/aggravating circumstance
  
• Other

Defenses of Fraud may potentially include:

• Insufficient evidence
  
• Factual innocence
  
• True owner
  
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
  
• Early investigation and identification of all facts helpful to your defense
  
• Interview police to minimize or eliminate the case
  
• Interview the prosecutor to minimize or eliminate the case
  
• Interview all witnesses
  
• Reduce or eliminate bail requirements
  
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case.
  
• In appropriate cases, negotiate jail alternatives
  
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
  
• Coordinate a private lie detector test
  
• Develop appropriate motions to dismiss the case
  
• Develop appropriate motions to suppress evidence

EMBEZZLEMENT
A relation of trust and confidence existed between two persons; and pursuant to that relationship one of those persons accepted property entrusted to them by the other person; and with the specific intent to deprive the other person of their property, the person appropriated or converted it to their own use.

Consequences for the conviction of Embezzlement may potentially include:

• Imprisonment
  
• Probation or parole
  
• Loss of the right to be bonded
  
• Restitution (paid to the victims to compensate for any losses)
  
• Court ordered counseling
  
• Significant fines
  
• Other

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
  
• Any other prior convictions
  
• Currently on probation or parole
  
• Attitude of community and court toward this type of crime
  
• Degree of media attention on case
  
• Mitigating/aggravating circumstances
  
• Other

Defenses of Embezzlement may potentially include:

• Insufficient evidence
  
• Factual innocence
  
• True owner
  
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
  
• Early investigation and identification of all facts helpful to your defense
  
• Interview police to minimize or eliminate the case
  
• Interview the prosecutor to minimize or eliminate the case
  
• Interview all witnesses
  
• Reduce or eliminate bail requirements
  
• Provide emotional support to loved ones and ensure that they are continually upated as to the status of your case.
  
• In appropriate cases, negotiate alternatives to jail
  
• Obtain an evaluation report from court approved psychologist (to show counseling may be a betteralternative to jail)
  
• Coordinate a private lie detector test
  
• Develop appropriate motions to dismiss the case
  
• Develop appropriate motions to suppress evidence

ILLEGAL POSSESSION OF WEAPONS
A person has actual or constructive possession of a deadly weapon such as a gun, knife, etc.

Consequences for the conviction of Illegal Possession of Weapons may potentially include:

• Imprisonment
  
• Probation or parole
  
• Loss of the right to own a deadly weapon
  
• Significant fines
  Other

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
  
• Any other prior convictions
  
• Currently on probation or parole
  
• Attitude of community and court toward this type of crime
  
• Degree of media attention on case
  
• Mitigating/aggravating circumstances
  
• Other

Defenses of Illegal Possession of Weapons may potentially include:

• Insufficient evidence
  
• Factual innocence
  
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
  
• Early investigation and identification of all facts helpful to your defense
  
• Interview police to minimize or eliminate the case
  
• Interview the prosecutor to minimize or eliminate the case
  
• Interview all witnesses
  
• Reduce or eliminate bail requirements
  
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
  
• In appropriate cases, negotiate jail alternatives
  
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
  
• Coordinate a private lie detector test
  
• Develop appropriate motions to dismiss the case
  
• Develop appropriate motions to suppress evidence

PROBATION VIOLATION
A violation of probation can lead to revocation of probation and the imposition of a custodial (Jail or Prison) sentence.

Consequences for the conviction of Probation Violation may potentially include:

• Probation revoked and sentence imposed
  
• Jail or imprisonment (depends upon original conviction)
  
• Significant fines

Probation reinstatement with additional terms including:

• Jail/Prison
  
• Longer term
  
• Additional fines
  
• Community service
  
• Rehabilitation program
  
• Other

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
  
• Any other prior convictions
  
• Currently on probation or parole
  
• Attitude of community and court toward this type of crime
  
• Degree of media attention on case
  
• Mitigating/aggravating circumstances
  
• Other

Defenses for Probation Violation may potentially include:

• Insufficient evidence
  
• Factual innocence
  
• Probation terms complied with
  
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
  
• Early investigation and identification of all facts helpful to your defense
  
• Interview police to minimize or eliminate the case
  
• Interview the prosecutor to minimize or eliminate the case
  
• Interview all witnesses
  
• Reduce or eliminate bail requirements
  
• Provide emotional support to loved ones and ensure that they are continually informed as to the status of your case
  
• In appropriate cases, negotiate jail alternatives
  
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
  
• Coordinate a private lie detector test
  
• Develop appropriate motions to dismiss the case
  
• Develop appropriate motions to suppress evidence

VEHICULAR MANSLAUGHTER
Any person who drives a vehicle and unintentionally but unlawfully kills another human being.

Consequences for the conviction of Vehicular Manslaughter may potentially include:

• Imprisonment
  
• Probation or Parole
  
• Loss of driving privilege
  
• Significant fines
  Other

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
  
• Any other prior convictions
  
• Currently on probation or parole
  
• Attitude of community and court toward this type of crime
  
• Degree of media attention on case
  
• Mitigating/aggravating circumstances
  
• Alcohol/drug related
  
• Other

Defenses for Vehicular Manslaughter may potentially include:

• Not at fault/lack of negligence
  
• Insufficient evidence
  
• Factual innocence
  
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
  
• Early investigation and identification of all facts helpful to your defense
  
• Interview police to minimize or eliminate the case
  
• Interview the prosecutor to minimize or eliminate the case
  
• Interview all witnesses
  
• Reduce or eliminate bail requirements
  
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
  
• In appropriate cases, negotiate jail alternatives
  
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better lternative to jail)
  
• Coordinate a private lie detector test
  
• Develop appropriate motions to dismiss the case
  
• Develop appropriate motions to suppress evidence

DOMESTIC VIOLENCE
A person has willfully inflicted bodily injury upon his/her spouse, or the person they are co-habiting with, and the bodily injury resulted in a traumatic condition.

Consequences for the conviction of Domestic Violence may potentially include:

• Domestic counseling
  
• Probation or parole
  
• Imprisonment
  
• Anger management class
  
• Significant fines
  
• Loss of the right to own a deadly weapon
  
• Other

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
  
• Any other prior convictions
  
• Currently on probation or parole
  
• Attitude of community and court toward this type of crime
  
• Degree of media attention on case
  
• Mitigating/aggravating circumstance
  
• Other

Defenses for Domestic Violence may potentially include:

• Self defense
  
• Insufficient evidence
  
• Factual innocence
  
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
  
• Early investigation and identification of all facts helpful to your defense
  
• Interview police to minimize or eliminate the case
  
• Interview the prosecutor to minimize or eliminate the case
  
• Interview all witnesses
  
• Reduce or eliminate bail requirements
  
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
  
• In appropriate cases, negotiate jail alternatives
  
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
  
• Coordinate a private lie detector test
  
• Develop appropriate motions to dismiss the case
  
• Develop appropriate motions to suppress evidence

DRUNK DRIVING
Operating a vehicle under the influence of alcohol, controlled substance, medication, or prescription that impairs the driver's ability to operate the vehicle.

Consequences for the conviction of Driving Under the Influence may potentially include:

• Loss of driver's license
  
• Probation or parole
  
• Loss of auto insurance
  
• Court ordered driving school
  
• Impound of vehicle
  
• Court ordered ignition device
  
• Significant fines
  
• Other

Likelihood of any of the above consequences depends on the following factors:

• Prior similar convictions
  
• Any other prior convictions
  
• Currently on probation or parole
  
• Attitude of the community and court toward this type of crime
  
• Degree of media attention on case
  
• Mitigating/aggravating circumstances
  
• Accident involved
  
• Blood alcohol content
  
• Other

Defenses for Driving Under the Influence may potentially include:

• Insufficient evidence
  
• Factual innocence
  
• Illegal traffic stop
  
• Improper testing
  
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
  
• Early investigation and identification of all facts helpful to your defense
  
• Interview police to minimize or eliminate the case
  
• Interview the prosecutor to minimize or eliminate the case
  
• Interview all witnesses
  
• Reduce or eliminate bail requirements
  
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
  
• In appropriate cases, negotiate jail alternatives
  
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
  
• Coordinate a private lie detector test
  
• Develop appropriate motions to dismiss the case
  
• Develop appropriate motions to suppress evidence

ASSAULT & BATTERY
A threat that commands the immediate performance of some act which the threatening party has no legal right to demand; a threat that is made with the intention of compelling performance of the act by the application of physical force; the person making the threat has placed his/herself physically into a position to inflict physical force; and that person has proceeded as far as it is necessary to go in order to carry out this intention.

Consequences for the conviction of Assault and Battery may potentially include:

• Imprisonment
  
• Probation or parole
  
• Anger management class
  
• Significant fines
  
• Loss of the right to own a deadly weapon
  
• Other

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
  
• Any other prior convictions
  
• Currently on probation or parole
  
• Attitude of community and court toward this type of crime
  
• Degree of media attention on case
  
• Mitigating/aggravating circumstances
  
• Other

Defenses for Assault and Battery may potentially include:

• Defense of others (loved ones)
  
• Insufficient evidence
  
• Factual innocence
  
• Self defense
  
• Defense of property
  
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
  
• Early investigation and identification of all facts helpful to your defense
  
• Interview police to minimize or eliminate the case
  
• Interview the prosecutor to minimize or eliminate the case
  
• Interview all witnesses
  
• Reduce or eliminate bail requirements
  
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
  
• In appropriate cases, negotiate jail alternatives
  
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
  
• Coordinate a private lie detector test
  
• Develop appropriate motions to dismiss the case
  
• Develop appropriate motions to suppress evidence

SEX CRIMES
A person who commits any lewd or lascivious act upon or with the body of a child, with the specific intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or child.

Consequences for the conviction of Sex Crimes may potentially include:

• Imprisonment
  
• Registration as a sex offender
  
• Loss of the right to vote
  
• Loss of the right to own a deadly weapon
  
• Probation or parole
  
• Mandatory AIDS testing
  
• Prohibition against from being alone with minors
  
• Court ordered rehabilitation
  
• Significant fines
  
• Other

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
  
• Any other prior convictions
  
• Currently on probation or parole
  
• Attitude of community and court toward this type of crime
  
• Degree of media attention on case
  
• Mitigating/aggravating circumstances
  
• Other

Defenses of Sex Crimes may potentially include:

• Insufficient evidence
  
• Factual innocence/mistaken identity
  
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
  
• Exercise your right to remain silent
  
• Retain qualified counsel as soon as possible
  
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
  
• Early investigation and identification of all facts helpful to your defense
  
• Interview police to minimize or eliminate the case
  
• Interview the prosecutor to minimize or eliminate the case
  
• Interview all witnesses
  
• Reduce or eliminate bail requirements
  
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
  
• In appropriate cases, negotiate jail alternatives
  
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
  
• Coordinate a private lie detector test
  
• Develop appropriate motions to dismiss the case
  
• Develop appropriate motions to suppress evidence