Criminal Offenses

What is a crime?
A criminal offense is broadly defined as an act which violates state or federal law. For criminal offenses committed in the United States, the prosecution must prove that the accused committed the “guilty act” (actus reus) while having a “guilty mind” (mens rea) or intention to commit the act. In the United States, people accused of criminal offenses are innocent until proven guilty and are guaranteed a number of rights. Details about the legal rights of the accused, crime victims, and prisoners can be found in the Your Rights Section.

State or Federal?
Laws regarding criminal offenses are passed on both the state and federal (national) level. The laws applicable to criminal offenses depend on the specifics of the crime. In general, if federal law enforcement makes the arrest, the criminal offense is a violation of federal law. If state or local law enforcement makes the arrest, criminal charges are filed for breaking state law. There are certain crimes that are almost always handled by federal courts, such as drug smuggling , Internet fraud , bank robbery , mail fraud , interstate crimes, and more.

Drug-Related Crimes
As the name would suggest, drug related crimes involve controlled substances. These crimes can be handled on the state or federal level depending on the nature of the case. For example, drug smuggling , drug trafficking , and large quantity drug conspiracy cases are handled on the federal level. Drug possession, is often handled by state criminal systems.

Drunk Driving Offenses
In all fifty states it is a crime to operate a motor vehicle while intoxicated. In some states, this crime is called DUI or driving under the influence, in other states it is called DWI, or driving while intoxicated. There are many important laws that apply to DUI and DWI cases which are further detailed in this section.

Motor Vehicle Offenses
These are criminal offenses involving any motor vehicle, including cars, trucks, boats, and motorcycles. The criminal offenses involving motor vehicles can be minor crimes (i.e. traffic violations) or serious offenses, depending on the nature of the act. Motor vehicle offenses include vehicular manslaughter, hit and run, carjacking, and more.

Sex Crimes
Certain unacceptable forms of human sexual behavior are considered sex crimes. When activities or behaviors that are sexual in nature involve an individual under the age of consent they are considered sex crimes (i.e. child molestation, child pornography). When sexual activity involves a non-consensual party, it can also be considered a sex crime (i.e. rape, sexual assault , indecent exposure).

Domestic Crimes
Domestic Crimes are those which involve family members or close kin. For example, spousal abuse, child abuse, elderly abuse, and other forms of domestic violence are considered crimes. In the past, domestic crimes were largely regarded as a private matter. Today, domestic violence is considered a crime in all fifty states.

Property Crimes
These are crimes that involve unlawful involvement with property. Many of these property crimes involve taking or destroying another's property with the intent to permanently deprive the rightful owner of his/her property. Property can include any tangible items, from homes and buildings to small retail items. Property may also be intangible items, such as intellectual property.

White Collar Crimes
White-collar crimes are typically non-violent crimes carried out in a business or professional setting to achieve financial gain at the expense of another. Fraud is a major type of white-collar crime. Business professionals, politicians, civil servants, and private citizens can carry out white-collar crimes. Many white-collar crimes are considered felony offenses.

Violent and Weapons Crimes
Crimes that involve physical harm to another party are typically labeled violent crimes. Violent crimes can include assault, battery, homicide, and more. Weapons crimes may or may not be violent in nature. Unlawfully carrying a concealed weapon (CCW) is one example of a weapons crime.

Inchoate Crimes
The word “inchoate” means incomplete or unfinished. Inchoate crimes are those unlawful acts performed with intent to commit a crime or to aid in the commission of a crime before or after the fact. For many years, inchoate crimes were considered misdemeanors. Today, these crimes are often considered felony offenses. One cannot be charged with an inchoate crime and the crime itself. Inchoate crimes include attempt, conspiracy, solicitation, accessory, and accomplice offenses.

If you would like to learn more about specific crimes, we invite you to explore our criminal offenses section further. You will find additional useful information about the legal system and your legal rights in other areas of this website.

Related Criminal Offense News

September 17, 2008 -  Louisiana Students Face Criminal Charges for Prank

Aug 10, 2007 - Massachusetts Legislators To Review Criminal Fine Laws