At Peter Johnson Law, we want our clients and community to feel empowered when navigating the justice system. Explore the basics of criminal law below.
A crime is an act (or failure to act) that violates the law and is punishable by the government.
Criminal laws are rules made by the government that say: (1) what actions or inactions are crimes and (2) what punishments apply.
Criminal laws are created when lawmakers (Congress or state legislatures) write and pass bills.
A criminal statute is a written law that defines a crime and its punishment.
Criminal law defines crimes and punishments.
Criminal procedure defines individual rights by providing the rules of how investigations, arrests, and trials are carried out.
Criminal law generally involves government action and punishment for violation of criminal laws including prison and fines.
Civil law generally involves individual people suing each other for money or rights.
A federal crime breaks U.S. laws (i.e., mail fraud, drug trafficking across states).
A state crime breaks state laws (i.e., robbery, assault, theft).
You can find federal crimes in the United States Code.
You can find state crimes in your state’s code or statutes.
State courts handle most crimes under state law like theft, assault, burglary.
Federal courts handle crimes under federal law (i.e., terrorism, large fraud, federal drug cases).
Jurisdiction refers to the power of a court to hear and decide a case, based on location and type of crime.
The U.S. Constitution and State Constitutions protect rights (like free speech, due process, fair trial) and limit government power.
The Model Penal code is a guide created by legal experts to help states write modern, consistent criminal laws.
No. A crime does not always require a victim or harm. For example, some criminal laws protect society before harm occurs. (i.e., drunk driving or drug possession).
A felony is a serious crime, punishable by more than a year in prison.
A misdemeanor is a less serious crime, punishable by up to a year in jail.
An infraction is a minor offense, typically punishable by a fine (i.e., speeding or littering).
