Violent Crimes FAQ

In the simplest terms, a violent crime is one where the perpetrator uses or threatens to use force upon a victim. This could include crimes like assault, robbery, murder, and sexual assault. It's important to remember that the definition can vary depending on your jurisdiction, but generally, it's any crime involving physical harm or threat thereof to another person. 

You often hear these two words used interchangeably, but they're actually different. Assault is the intentional act that causes a person to fear they're about to suffer physical harm. It doesn't necessarily involve physical contact. Battery, on the other hand, involves unlawful physical contact. So, essentially, if you swing at someone and miss, that's assault. If you connect, it's battery. In New York, the term "assault" is used for causing an injury to another person by physical contact.

No, not all violent crimes are felonies. While many are, such as murder and rape, some can be classified as misdemeanors depending on the circumstances. For example, a simple assault might be considered a misdemeanor, while aggravated assault could be a felony. The key difference often lies in the severity of the injury and the intent behind it. 

The penalties for violent crimes can vary greatly depending on the specific crime, the jurisdiction, and the circumstances surrounding the incident. Generally speaking though, violent crimes tend to carry harsher sentences due to their serious nature. These may include lengthy prison sentences, hefty fines, probation, and more. In extreme cases, some jurisdictions, outside of New York, even have the death penalty for certain violent crimes. 

While a victim can certainly express their desire for charges to be dropped, the decision ultimately lies with the prosecutor. Once a crime is reported, the police and prosecutor have to follow through with the prosecution, unless there is not enough evidence to prove the crime. This is because violent crimes are considered crimes against the state, not just the individual victim. However, a victim's wishes may influence a prosecutor's decision. 

If you're accused of a violent crime, it's crucial to seek legal representation immediately. Remember, anything you say can be used against you in court. So, it's best to let your lawyer do the talking. Don't try to navigate the complex legal system on your own. Get a professional on your side, such as Attorney Litman at the Law Office of Michael D. Litman, PLLC serving Westchester County, New York, and surrounding areas — including White Plains, Harrison, and Yonkers. 

A defense attorney's job is to represent you and protect your rights. They'll review the evidence, question witnesses, and work to build the strongest possible defense on your behalf. This can involve negotiating plea bargains, representing you at trial, and fighting for the best possible outcome for your situation. 

First-degree murder is generally defined as an intentional killing of a certain type of person, including police officers and correction officers, as well as contract killing. On the other hand, second-degree murder, can be an intentional act on a victim not in a specified group, or reckless conduct that creates a grave risk of death.

Yes, domestic violence is indeed considered a violent crime. It encompasses a range of abusive behaviors committed by one person against another in a domestic setting, such as in marriage or an intimate partner. Domestic violence can involve physical violence, sexual abuse, emotional abuse, intimidation, and other forms of harm. 

While robbery and burglary are both crimes against property, they differ in important ways. Robbery involves the use of force or threat to take someone's property while in their presence. Burglary, on the other hand, is defined as unlawfully entering a building with the intent to commit a crime inside, usually theft, regardless of whether the entry is forced or the property is occupied. If the burglary is committed on a dwelling, someone's house or apartment, it would be considered a violent crime.

Generally, self-defense is not considered a violent crime. If you use reasonable force to protect yourself or others from immediate harm, it's considered justifiable and is not criminally punishable. However, the force used must be proportional to the threat faced, and the specifics can vary by jurisdiction.  

If you're falsely accused of a violent crime, it's crucial to seek legal advice immediately. Do not offer any statements to the police without a lawyer present. Your defense attorney will help you gather evidence to dispute the accusation, which might include witness statements, surveillance footage, or alibi evidence. Innocent until proven guilty is a fundamental principle of law, and a false accusation doesn't automatically lead to a conviction.  

The determination of an act as a hate crime is usually contingent on whether bias, prejudice, or hatred based on the victim's race, religion, sexual orientation, ethnicity, gender, or disability fueled the crime. Piecing together this puzzle often requires a comprehensive examination of the evidence, which might include the accused's previous actions, statements, affiliations, or social media postings. The prosecution must demonstrate beyond a reasonable doubt that the perpetrator was motivated by bias. The court will evaluate all this evidence, alongside the nature of the crime itself, to determine if it meets the criteria for a hate crime. However, due to the complexity and subjectivity involved, this can often be a challenging task.