Breaking a law may lead to the prosecution of the perpetrator at the state or federal level. However, many laws are open to interpretation, and the burden of proof lies on the prosecution, who must prove that an individual accused of criminal activity is guilty beyond a reasonable doubt.
If you were accused of criminal activity or if there are legal proceedings against you, a Daytona Beach criminal defense lawyer with Bogin, Munns & Munns may be able to assist you. Please contact our team at (386) 763-2092.
Laws and Crimes
There are different procedural steps that prosecutors must perform–and various evidentiary requirements to meet–before an individual can be convicted of a crime and face penalties.
These requirements, as well as the penalties, can vary depending on the age of the accused, the type of crime for which they are accused, and the circumstances surrounding their alleged crime.
The following list provides a few examples of frequently broken laws that can lead to prosecution and punishment. Each example assumes illegal conduct of some sort covered under the relevant law.
Drugs and Controlled Substance Laws
These laws govern the use, production, distribution, and transportation of controlled substances. The weight, volume, intended uses, and knowledge of the accused that they were using or carrying a controlled substance may play a part in determining the charges.
Weapons and Firearms
It is legal to purchase firearms in general, but it is illegal to purchase stolen or illegally obtained firearms. Also, the carrying of otherwise legal firearms may be illegal under certain circumstances.
An example of this may be an individual with a previous felony offense who waves what seems to be a loaded weapon at someone else, even if he or she does not use the weapon.
Vehicle accidents can lead to varying degrees of misdemeanor or felony charges. Charges filed against a driver can depend on the nature and amount of damage that an accident causes, the driving record of the accused, and whether other factors were present, such as intoxication, aggressive driving, or wanton disregard for others.
Tax and Financial Crimes
Wire fraud, tax evasion, mortgage fraud, and fraudulent activities involving stocks or securities can result in heavy financial fines and prison time. Likewise, identity theft, money laundering, insurance fraud, embezzlement, forgery, and mail fraud are all examples of illegal financial or fraudulent behavior.
Domestic Violence and Violent Crimes
It is illegal to harm anyone, including family members. Violent crimes carry some of the harshest penalties that the legal code has. At the same time, the evidentiary requirements for charging and sentencing an individual for such crimes are stringent and comprehensive as well.
Sex crimes can take many forms, from physical sexual abuse to sending or distributing illicit material, harassment, stalking, and unsolicited sexting. The ages of the parties involved—not to mention their consent—are important factors that can decide the outcome of sex crime cases.
The United States Sentencing Commission (USSC) outlines clear mandatory minimum penalties for sex offenses that apply when sentencing individuals convicted of sex crimes.
Racketeering, Coercion, and Corruption
Organized crime, blackmailing, and the misuse of power, authority, or public funds can lead to criminal charges. Even the congregation or assembly of individuals—usually three or more—for illegal purposes is itself illegal, even if no overtly illegal activity occurs.
These laws are often open to interpretation by everyone from an arresting officer and the prosecutor to the judge and jury responsible for judgment and sentencing after the fact.
For assistance with understanding the nuances of laws relevant to your case, or for more detailed information on the charges brought against you, contact a Daytona Beach criminal defense lawyer with Bogin, Munns & Munns today at (386) 763-2092.
Classifying Illegal Actions
Illegal activities are usually classified as either a felony, which is a more serious crime, or a misdemeanor, which is a less serious crime. Here are some of the classes of each type of crime:
- Class A or Level One felonies are the most serious type of crime. Examples include murder, kidnapping, rape, arson, and burglary. Prison time typically ranges between 20 and 40 years for such crimes. Fines are usually $10,000 or more.
- Class B, Level Two, or second-degree felonies include manslaughter, aggravated assault, reckless homicide, and even teaching other people how to cheat or commit crimes.
- Some sex and driving crimes—as well as various forms of robbery or petty theft—may be Class C felonies. The Florida law clearly outlines the penalties for such crimes, which range between a few days or months in jail, to minor fines.
The law classifies misdemeanors similarly, ranging from Class A to Class C. For example, carrying controlled substances up to certain limits, speeding, causing property damage, trespassing, or conducting illegal activities in the presence of children may fall under a Class A, B, or C misdemeanor depending on the specifics of the case.
Criminal Law Can Be Complex
Criminal law can be difficult to navigate, and many crimes involve some level of interplay between different branches of the law. For example, public corruption, money laundering, tax evasion, and racketeering all have distinct laws that govern those illegal actions, but how these actions occur and for what purposes can determine the outcome of the case.
Understanding which laws apply to your case, gathering and refuting evidence, establishing claims, or rebutting charges can also be difficult. In most cases, you must have a general understanding of how laws are interpreted to handle a criminal case. You must also understand the legal requirements, such as:
- Just cause
- How law enforcement personnel can or cannot obtain evidence
Our Team Is Here to Help
If you were charged with or implicated in a crime of any type, please contact Bogin Munns & Munns for assistance. Our Daytona Beach criminal defense lawyer may be able to help you with your case. You can reach our offices at (386) 763-2092.