Criminal legal matters involve prosecution by the authorities of someone for an action that has been categorized as a criminal offense. Civil lawsuits, to the contrary, involve individuals and business entities trying to handle legal disagreements. In a criminal case, the state, through a prosecutor, starts the charges, while in a civil lawsuit the victim brings the case. Persons convicted of a crime may be incarcerated, fined, or both. However, people found responsible in a civil action may only have to hand over property or pay money damages, but are not jailed.
A “crime” is any conduct or omission that violates a public law outlawing or ordering it. Though there are a handful of common law criminal offenses, most offenses in the United States are implemented by local, state, and federal legislation. Criminal laws differ drastically from state to state. There is, nonetheless, a Model Penal Code (MPC) which serves as an excellent beginning place to gain an understanding of the basic composition of criminal liability.
Crimes include both felony violations and misdemeanor violations. Felonies are typically crimes punishable by imprisonment of a year or more, while misdemeanors are violations punishable by less than a year. Nevertheless, no action is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal criminal offenses dealing with behavior stretching out past state borders or having distinctive effect on federal operations, has expanded.
All statutes describing criminal behavior can be separated into their different elements. Almost all violations (with the exception of strict-liability violations) contain two elements: an act, or “actus reus,” and a mental state, or “mens rea”. Prosecutors have to demonstrate each and every element of the criminal offense to render a conviction. Additionally, the prosecutor has to persuade the jury or judge “beyond a reasonable doubt” of every single fact needed to constitute the crime charged. In civil cases, the plaintiff would need to show a defendant is responsible only by a “preponderance of the evidence,” or more than 50%.
The heighten burden required in a criminal case reflects the serious consequences of a criminal conviction.
If you are being investigated or charged with a criminal offense, talk to a local Texas criminal defense attorney about your options. An experienced Texas criminal defense attorney can advise you of rights.
