Crime Terminology

Crime terminology is somewhat confusing; that's why we have lawyers! Much of crime terminology has its origins in British Common Law. Here are a few of the most basic criminal terms.

About Crime Terminology

Criminal terminology can sometimes be confusing. Here are some of the basic definitions of crime:

Aggravated Assault - An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)

Arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

Burglary - Burglary is defined as the unlawful entry into a building or other structure with the intent to commit a felony or a theft. This definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.(FBI Uniform Crime Reporting Definition).

Domestic Violence - Means an act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic violence also includes any other crime against a person or any municipal ordinance violation against a person when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.

Drug Abuse Violations - Violations of State and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include opium or cocaine and their derivatives (morphine, heroin, and codeine); marijuana; synthetic narcotics (Demerol, Methadone), and dangerous non-narcotic drugs (GHB, Rohypnol, and Exctasy).

Elements - Essential parts of a crime are called its elements. All the elements of a crime must be proven by the State beyond a reasonable doubt.

Evidence - Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other.

Felony - Crime punishable by prison for more than one year. Punishment for some felonies (capital felonies) includes either life imprisonment or the death penalty.

Homicide - Murder and non-negligent manslaughter are defined as the willful (non-negligent) killing of one human being by another. Not included in this definition are deaths caused by negligence, suicides, or accidental deaths. Attempts to commit murder are classified as aggravated assaults.

Larceny (Theft) - The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

Liquor Law Violations - The violation of laws or ordinances prohibiting: manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)

Magistrate Judge - A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties.

Misdemeanor - An offense or crime which is not a felony. Punishment for a misdemeanor is typically a fine or possibly jail time of less than one year.

Motor Vehicle Theft - Motor vehicle theft is defined as the theft or attempted theft of a motor vehicle, including joy riding.

Murder - Non-Negligent Manslaughter - The killing of another person intentionally and with premeditation.

Rape - The crime of rape (or first-degree sexual assault in some states) generally refers to non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress. A lack of consent can include the victim's inability to say no to intercourse, due to the effects of drugs or alcohol. Rape can occur when the offender and victim have a pre-existing relationship (sometimes called date rape), or even when the offender is the victim's spouse. (Source: FindLaw)

Robbery - The Taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation.

Source: The Free Dictionary