Criminal Law Basics

Lesson goal To provide an introduction to the basics of criminal law CRIMINAL LAW BASICS Lesson goal To provide an introduction to the basics of criminal law in Virginia.

Students will learn: How crimes are defined in Virginia law: CRIMINAL LAW BASICS Students will learn: How crimes are defined in Virginia law: What felonies and misdemeanors are How penalties for violating laws are classified and defined Hidden consequences for committing a crime

How crimes are defined A crime is an act that violates the law either: CRIMINAL LAW BASICS How crimes are defined A crime is an act that violates the law either: By doing something the law says you are not to do, or By not doing something the law says you must do.

CRIMINAL LAW BASICS Reminder Remember, even if a person doesn’t know the law, if he or she breaks the law, he or she is guilty of a crime. The statement “ignorance of the law is no excuse” is an ancient legal doctrine.

CRIMINAL LAW BASICS Where laws originate Laws are enacted by our representatives at the federal, state, and local levels. Enacting laws involves a process that allows us to have input. Laws generally represent the rules that we, as a people, think people should live by.

CRIMINAL LAW BASICS Classes of crime Crimes are organized into two main classifications: felonies and misdemeanors. A felony is a serious crime punishable by death or a term of imprisonment in a state or federal prison for at least one year and a possible fine. A misdemeanor is a lesser crime punishable by local jail time of not more than one year and/or a possible fine. Some offenses may either be a misdemeanor or a felony depending on the circumstances surrounding the crime and the degree of the criminal act.

Punishment for felonies CRIMINAL LAW BASICS Punishment for felonies Felonies are classified into categories called classes. Punishment for a Class 1 Felony: Death

CRIMINAL LAW BASICS Capital offenses Virginia is a capital punishment state. This means offenders may be executed. Examples of capital crimes include, but are not limited to murder for hire murder of a law enforcement officer murder by a prisoner multiple killings murder arising from a drug crime, and killing a child younger than 14 years old by a person 21 years or older.

Treating juveniles as adults CRIMINAL LAW BASICS Treating juveniles as adults The Class 1 Felony description refers to a person less than 16 years of age and prescribes life in prison rather than death. It is important to know that someone as young as 14 may be tried as an adult (Code of Virginia §16.1-291). In determining whether a juvenile will be tried as an adult, the court examines many factors, including the seriousness of the crime and the juvenile’s role in the crime.

Punishment for felonies, cont. CRIMINAL LAW BASICS Punishment for felonies, cont. Class 2 Felony: Imprisonment for 20 years to life, and a possible fine of not more than $100,000. Class 3 Felony: Imprisonment for five to 20 years, and a possible fine of not more than $100,000. Class 4 Felony: Imprisonment for two to 10 years, and a possible fine of not more than $100,000.

Punishment for felonies, cont. CRIMINAL LAW BASICS Punishment for felonies, cont. Class 5 Felony: Imprisonment for one to 10 years or confinement in jail for not more than 12 months, and/or a possible fine of not more than $2,500. Class 6 Felony: Imprisonment for to five years or confinement in jail for not more than 12 months, and/or a possible fine of not more than $2,500.

CRIMINAL LAW BASICS Prisons Prisons are correctional facilities run by the state or federal government. Persons in state prisons have broken state laws and have been sentenced to more than 12 months. Persons in federal prisons have broken federal laws.

CRIMINAL LAW BASICS Jails Jails are local correctional facilities, operated by localities; regional jails are operated by groups of localities. Persons in jails are either awaiting trial and/or final sentencing, or have been sentenced to confinement of no more than 12 months.

Punishment for misdemeanors CRIMINAL LAW BASICS Punishment for misdemeanors Misdemeanors are classified into categories called classes. Class 1 Misdemeanor: Confinement in jail for not more than 12 months and/or a possible fine of not more than $2,500. Class 2 Misdemeanor: Confinement in jail for not more than six months and/or a possible fine of not more than $1,000. Class 3 Misdemeanor: A fine of not more than $500. Class 4 Misdemeanor: A fine of not more than $250.

Other consequences of crime CRIMINAL LAW BASICS Other consequences of crime A person convicted of a crime: Develops a criminal record Embarrasses his or her family and friends Loses the opportunity to hold certain jobs Cannot serve in the armed services May lose driving privileges More specifically, adults convicted of a felony: Lose their right to vote Lose their right to possess a firearm Lose their right to run for public office

Review and recap You have learned: CRIMINAL LAW BASICS Review and recap You have learned: How crimes are defined in Virginia law. That being ignorant of the law is no excuse. What felonies and misdemeanors are. How penalties for violating laws are classified and defined. Some of the hidden consequences for committing a crime.