Criminal behavior in California is defined by law and contained in the state’s statutes. If a person engages in actions the state has determined are criminal, he or she will be prosecuted in criminal court and possibly be convicted of the crime.
People today are well-informed and aware of the criminal justice system through what they see on TV and in movies, although they may not have much personal experience with it. True crime stories are highly publicized and have armchair jurors making judgments about the guilt or innocence of accused people. So, let us go over the basic of criminal charges in California.
There are four main types of crime:
- Crimes against the person: Personal crimes are considered crimes against the person. They result in physical or mental harm to another person. Examples of personal crimes are assault, battery, false imprisonment, kidnapping, homicide, and rape.
- Crimes against property: Property crimes are considered crimes against property. Things, rather than people, are harmed or another person’s right to use or enjoy property is taken away. These include larceny, robbery, burglary, arson, embezzlement, forgery, false pretenses, and receipt of stolen goods.
- Inchoate crimes: Incomplete crimes are called inchoate crimes. These offenses were started by the perpetrator, but were not completed. The word attempt is often added to the underlying offense, like attempted homicide or attempted rape. In addition to attempt, these crimes also include solicitation and conspiracy.
- Statutory crimes: Certain behavior by itself is not illegal, but state laws make it illegal. A good example of this is alcohol-related crimes, like driving under the influence of alcohol. Drinking by itself is not a crime. It only becomes a crime when the person tries to drive while under the influence. This type of behavior is called a statutory crime.
Have You Been Charged with a Crime in California?
Penalties for criminal convictions depend on the seriousness of the crime. The more serious crimes, like kidnapping and robbery, carry a year or more in prison. Misdemeanors are less serious and carry less than a year in jail. Both also carry monetary fines. If you face criminal charges in California, consult a qualified San Diego criminal defense attorney who can help mitigate your penalties. Continue reading