FAQ: Criminal Law
Frequently Asked Questions about Criminal Defense Law:
Q. What is the difference between a capital offense and a federal crime?
A. A federal crime is a criminal offense that breaks a federal law or statute whereas a capital offense is an offense that is punishable by the imposition of the death penalty. A federal crime may or may not be punishable by the imposition of the death penalty.
Q. What is the difference between a felony and a misdemeanor?
A. A misdemeanor is a less serious crime (like petty theft) that is usually punishable by fine, penalty, short prison sentence (less than 12 months) or probation. A felony is a very serious crime that is punishable by a prison sentence of a year or more.
Q. What is the difference between a corporate crime and a white collar crime?
A. A corporate crime is a crime committed by either by a corporate body or its representatives. Corporate crimes are generally white collar in that they are not violent in nature, but instead involve dishonesty or misrepresentation in corporate matters.
Q. Is a crime of passion similar to a premeditated crime?
A. Crimes of passion are unplanned crimes that are a direct result of an unexpected and stressful situation. Premeditated crimes are planned and thought out ahead of time.
Q. How are different drug offenses classified?
A. Drugs are classified by federal guidelines and punishment is determined based on the classification of the drug involved in the crime. There are forty three base offense levels for drug related crimes, and levels can be added or subtracted depending on the details of the case. Sentencing is harsher on higher level offenses.
Q. How much can I drink and avoid DUI?
A. If the alcohol you consume results in your blood alcohol level exceeding the content limit allowable by law, a jury may find you guilty of drunk driving. The amount of alcohol you can consume before exceeding the legal limit will vary from person to person.
Q. Can my home be searched without a warrant?
A. If you allow a police officer into your home and consent to a search, then the police officer may conduct the search without a warrant. Anything found or collected during the search can be used against you if your case goes to trial. If you do not consent to a search of your home, then a police officer must show probable cause to a judge in order to obtain a warrant granting them permission to search your home without your consent.
Q. Is it legal for police officers to use force when arresting a suspect?
A. Police officers are permitted to use “necessary” force when making an arrest. The force should be limited to reasonable force used only to facilitate the arrest.
