There are many types of violent crimes. They include homicide, or the taking of human life, which covers both murder and manslaughter; assault and battery; rape; kidnapping; domestic abuse; and vehicular manslaughter.
All can have very serious penalties, especially homicide. Types of homicide include:
- 1ST Degree Murder: When done with deliberate design to effect the death of the person
killed, or of any human being, shall be first-degree murder
- 2ND Degree Murder: When done in the commission of an act eminently dangerous to
others and evincing a depraved heart, regardless of human life, although without any premeditated
design to effect the death of any particular individual, shall be second-degree murder.
- Capital murder: This is a particular form of murder in which a killing occurs during the course of certain other felony crimes, such as arson, robbery, kidnapping or burglary. In Mississippi, if you are indicted for capital murder, you could possibly be subject to the death penalty.
- Manslaughter: There are two types of manslaughter – a killing committed while in the heat of passion, which is called “heat of passion manslaughter,” or culpable negligence manslaughter.
- Aggravated DUI: This is when you are operating a motor vehicle while legally intoxicated and you injure or kill another person while operating that motor vehicle. In Mississippi, the maximum penalty for someone charged with an aggravated DUI is up to 25 years of jail time.
- Robbery: This is when you are accused of committing theft involving the use of intimidation, force or threats.
Use Of Firearms
All crimes that involve the use of firearms can become more serious by being classified as violent crimes. A crime such a simple possession of marijuana can be made much more serious if the defendant carried a firearm at the time of their arrest. The maximum sentences can even be doubled if a firearm is found to be in the defendant’s possession.
Violent Crimes – State Crimes Or Federal Crimes
Some violent crimes are federal crimes and are subject to federal jurisdiction. Such crimes include kidnapping if it involves the crossing of a state boundary or terrorism.
Felonies And Misdemeanors
Most but not all violent crimes are felonies rather than misdemeanors. However, some cases of assault that do not cause bodily harm are classified as misdemeanors rather than felonies.
Defenses Against Charges Of Violent Crime
- Self-defense: This is one of the strongest arguments to put up against charges of some form of violent crime. Force can be legally used if it’s used in legitimate defense of yourself, your property or other people.
- Prevention of a crime: In certain circumstances, force can be used in order to prevent a crime from occurring.
- Challenging the forensic evidence: In many trials relating to violent crime, the key evidence is forensic, whether it’s finger prints or DNA. In many cases, it will be perfectly possible to present a reasoned case as to why your finger prints or DNA trace is on a crime scene.
- Challenging witnesses: The prosecution in many violent crimes cases relies on witnesses. The memories of many witnesses are often unreliable and can be affected by emotions or suggestions made by the prosecution. Such witnesses can be challenged in cross-examination.
Violent crimes include the most serious crimes of all. They can result in the severest penalties, in terms of imprisonment (and, for some murders, the death penalty) and fines, as well as the destruction of your reputation and the breakup of your family. It is essential that you get the right attorney with the right experience and the right approach to deal with these immense problems on your behalf.