(02I) Chapter 8 Criminal Law

Criminal law –

Definition of Crime: Any act done in violation of those duties which an individual owes to the community and for the breach of which the law has provided that the offender shall make satisfaction to the public.

Criminal Law is to protect society even though a crime was committed on an individual.

Definitions –

Probable Cause. Reasonable belief that a crime is about to happen or has happened.

Crime. Must have intent and offender shall make satisfaction to society.

Intent. State of mind with which the act was done or omitted

Motive. That which prompts a person to act or fail to act

Implied intent. Intent, which arises from language, used or conduct of the offender

Criminal Law Classification of Crimes 18.2 CODES • 18.2-103 thru 18.2-108 (shoplifting laws)

• 18.2-119 (trespass)

• Magistrates book

• 4 classes of Misdemeanors

• 6 classes of Felonies Felony: A crime for which the punishment has been set to exceed a fine more than $2,500.00 and/or one year or more in prison. Could receive the Death Penalty. Misdemeanor: A crime for which the punishment has been set not to exceed $2,500.00 and or 12 months in jail.

Classes of Crimes

• 1. Felonies – a serious crime punishable by imprisonment for more than one year or by death.

• 2. Misdemeanor – A crime that is less serious than a felony and is punishable by a fine, penalty, forfeiture, or confinement in a place other than prison.

• 3. Violations – non-criminal offenses, like traffic violations and public drunkenness, for which the city, county, or state may only fine the offender.

Four classifications

•1. Principle in the first degree is the person who committed the crime directly or caused it through the manipulation of an innocent person.

•2. Principle in the second degree is the person who is not directly involved in the crime itself, and was not present or constructively present (close enough).

•3. Accessory before the fact is the person who was not present at the scene of the crime but provided means or advice before its commission.

• 4. Accessory after the fact is the person who was not present but knowing that a person performed a felony, gave assistance to that person after the crime. Felonies in VA – Code of Virginia 18.2-10 Class 1 – imprisonment for life and a fine of not more than $100,000.

• Class 2 – imprisonment for life or for any term not less than twenty years and subject to a fine of not more than $100,000

• Class 3 – imprisonment for not less than 5 years or more than twenty years and a fine of not more than $100,000

• Class 4 – imprisonment of not less than two years or more than ten years and a fine of not more than $100,000

• Class 5 – imprisonment of not less than one year or more than ten years and fine not more than $2,500.

• Class 6 – imprisonment of not less than one year or more than five years and fine not more than $2,500

Misdemeanors Class 1– confinement in jail for not more than 12 months and a fine of not more than $2,500

• Class 2 – confinement in jail for not more than six months and a fine of not more than $1,000

• Class 3 – fine of not more than $500

• Class 4 – fine of not more than $250 Due Process of Law

• Due Process of Law – Arrest – First appearance – Preliminary hearing – Prosecutor’s information & grand jury – Arraignment – Pre-trial hearing – Trial – Sentence Three people issue search or arrest warrants

• Magistrates

• Judges (Circuit Court)

• Clerk of Circuit Court

Examples of criminal law

• Bribery

• Arson

• Sabotage

• Murder

• Larceny

• Robbery

• Trespass

You have completed Chapter 8**Continue to Chapter 9**