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![]() Murder Murder is the act of killing another human being with "malice aforethought". Malice aforethought is defined to be the intent to kill or to inflict bodily injury, either express or implied. If a deadly weapon is used, intent to kill will necessarily be implied by a court of law. First Degree Murder is the most serious. Most often, first degree murder is categorized as "deliberate" - that is, the defendant made a clear headed decision to kill the victim - and "premeditated" - the defendant actually thought about the killing before it occurred (the period for this can be very brief). Some states consider killings committed in specific ways to be first degree murder. Although these vary by state, they can include killing by poison, by lying in wait, and by torture. First Degree Felony Murder - A killing that happens during the course of the commission of a felony, even if the death is accidental, will be considered "felony murder" by most states. However, if the killing happens during certain felonies, again determined by state, it will be considered "first degree felony murder". The felonies most often included in this category are arson, robbery, burglary, rape, mayhem and kidnapping. Rape At common law, rape is strictly defined to be "the unlawful carnal knowledge of a woman by a man, not her husband, without her effective consent". (Carnal knowledge requires penetration only, not ejaculation.) In many states, however, laws have been revised to consider situations of a woman and her husband. In addition, in some states the laws may include circumstances of a man (or boy) by another man. It should be noted that laws vary from courtroom to courtroom on what constitutes effective consent. However, if there has been any force used the act will be considered as rape. In addition, if consent was elicited under duress, it will not be considered "effective" consent. Theft Theft involves the unlawful taking of another’s property with the intent of permanently depriving the owner of the property. Theft also includes appropriating property fraudulently or defrauding a person of money, labor, or property by a false or fraudulent representation or pretense. Theft offenses typically include burglary, shoplifting, petty theft, grand theft, auto theft, joyriding, embezzlement, extortion, identity theft, fraud, car jacking, or computer access theft. The common thread is that each offense relates to conduct involving taking the property of another without his or her consent. Credit Card Fraud Credit card fraud is committed when one person 1) fraudulently obtains, takes, signs, uses, sells, buys, or forges someone else’s credit or debit card or card information; 2) uses his or her own card with the knowledge that it is revoked or expired or that the account lacks enough money to pay for the items charged; and 3) sells goods or services to someone else with knowledge that the credit or debit card being used was illegally obtained or is being used without authorization. All Internet Related Crimes Internet related computer crime laws in many states prohibit a person from performing certain acts without authorization, including 1) accessing a computer, system, or network; 2) modifying, damaging, using, disclosing, copying, or taking programs or data; 3) introducing a virus or other contaminant into a computer system; 4) using a computer in a scheme to defraud; 5) interfering with someone else’s computer access or use; 6) using encryption in aid of a crime; 7) falsifying e-mail source information; and 8) stealing an information service from a provider. Weapons Violations Weapons Violations - carrying guns, razors, knives or metal knuckles on your person or having such items readily available in your car, such as under your car seat, in the glove box or similar storage in your car. Bringing a gun to school is a serious weapons violation. Assault Assault is either the intent to commit battery, or the arousal of fear of bodily harm in another person, in a manner other than by the use of words. In some states the attempt to commit battery must be accompanied by the "present ability to succeed" (i.e. the means with which to actually inflict bodily harm.) Aggravated assault can include, among other things, assault with a deadly weapon, or assault with intent to rape, maim or murder. It is considered much more serious than simple assault. Contact The Law Offices of Brian D. Perskin! |
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