Did you know that the laws governing Driving under the influence (DUI) are almost similar in most of the states in the US?. Well they are. You probably are asking: how so. Well, the legal limit for blood alcohol percentage in all the states has been set at a 0.08% rate generally speaking. The number could be lower depending with the profession class we are talking about. The DUI covers all other substances capable of intoxicating the blood and in effect affecting the sobriety of a motorist. Whether you are a minor, a professional driver or an adult and you are out having drinks with your buddies, all you need to know is: beyond the set limit lies a possible charge and probably conviction for drunk driving. What then is the possible sanction for Drinking Under the Influence?
Generally, the arresting officer will confiscate your driving license for a period of 1 month after which you are suspended. Take the case of Oregon, for a first time offender the penalty will be 3 months there comes a time when you indulge too much and still want to drive your toy and risk getting arrested for drunk driving. Should you ever find yourself in such predicament do not resist arrest, rather contact a Driving While Impaired (DWI) Attorney and give him/her your story. Now you need not look further because the the Akron Criminal Defense Lawyers are here for you. This is a team of highly qualified attorneys whose area of specialization is the Criminal Law and will gladly take up your matter, you will not be disappointed.
Criminal LawEver had someone ask you this question; What is Criminal Law? The Best answer would be to answer in the category in which it lies. It is categorized in the public branch of laws because in the most general terms -its the kind of law that condemns acts or omissions that are injurious to the public. In order to prove guilt under the criminal law one must be in a position to show a intent and what in legal language is termed as actus reus (unlawful act). These two must coincide.
Now the term felony has no definite definition and where it is used it connotes a situation whereby one does or omits to do an act which the statutes and criminal codes recognize such omission or commission as criminal offences the conviction of which the doer is liable to be sentenced to death or imprisonment in a state prison. The weight of the penalty and nature of the offence is what determines if it is felony or not. Simply put a felony is grave offence carry a severe penalty unlike other offences.
Murder is one interesting offence. Actually it is not in any way similar to kill or manslaughter, the three are totally different. For murder the 18 US Code define it as “unlawful killing of a human being with malice aforethought.” Simply put; it is the unjustifiable killing in which the killer has had time to plan on how to commit the act. It requires 2 elements the intent: the guilty mind – proved by showing premeditation – and the actual act – the result of which the victim dies. There are several degrees to murder, the !st, 2nd, felony. the 1st degree is the severest in which both elements must coincide and penalty is death sentence or life imprisonment, the 2nd only requires the intent without prior planning to do so. E.g. shooting someone with a gun in self-defense. Felony Murder is usually ‘death in the cause of committing a crime’, meaning that death occurs in the commission of another offense the intent and/or premeditation is immaterial.
Rape is the defined by the statutes as the act of forcibly engaging in intercourse with either, an adult female(not excluding one’s spouse) or a person with no capacity to consent to intercourse either by reason of mental retardation or intoxication or age. These things must be proven: the use of force, actual threat or intimidation that none compliance could lead to the death; torture or kidnapping of the victim, intoxication to incapacitate the victim from consenting, knowing or controlling the act; and penetration. Just like murder, rape have 3 degrees, the 1st, 2nd and 3rd degree.
Burglary includes the entering into a building either a home or place if business of an organization, without the authority or consent of the owner to that end. Sometimes force needs not to be proven as the offender may have entered the building through the lawful designated point of entry. the statutes define burglary as the entering of a building without consent of owner with intent to commit a felony, or stay in hiding in the building with intent to commit a felony or to enter a building and commit or attempt to commit a felony, theft or assault as read under the Penal Code, Cap 30. It includes the unlawful trespass into a a vehicle that is used for habitation, a railroad car and even a ship. Time is of essence, usually it is during the night when such trespass as defined above can amount to burglary.
Fraud is one word that has many other offences associated with it. However, in its simplest form it is where one person deceives another with intent to rob him/her of a certain right or injure them. the basic element in Fraud is that it is done knowingly, that is with intent. Therefore, altering the content of a certain document with the ends of gaining unlawfully from another person or organization is a form of fraud. Fraud is used in most times to describe certain offences rather than being a specific offence in itself.
Now in case you happen to be arrested for any of these or any other offences criminal in nature, you will need to call a criminal defense attorney. If you have none, the Akron Criminal Defense Attorneys can be reached anywhere via their website bearing the same name to help you. Google the name and contact any of the firms attached to these group of highly competent attorneys.