Personal Crime Analysis by cristian olvera

Personal Crimes: Assault, Battery, & Mayhem

2013-02-07 19:26:56 UTC

Difference between the three: The definition of assault, is a willful attempt or a willful threat to inflict injury on another person. Battery is defined as being unlawful contact in the form of physical violence without the victim's consent (Tarbox, 2010). Assault is an attempt while battery is the action taken because of the attempt. The assault consists of a threat and an attempt to cause injury on another person, many time does not require physical contact. While battery consists of wrongful physical contact. For example, if a person verbally threatens another individual and frightens them, that is an assault, but if the individual strikes at the victim, this is then considered battery. The third personal crime discussed is mayhem (aggravated battery). Once great bodily harm has been accomplished, and causes disfigurement, it is then considered mayhem. In addition, it is an unlawful battery involving maliciously inflicting or attempting to inflict violent injury with one or more disabling or disfiguring injuries resulting from the illegal action.

Kidnapping & False Imprisonment

olverac4 — 2013-02-07 20:25:00 UTC

Kidnapping and false imprisonment are crimes that invade a person’s privacy and take away his or her liberty.

Kidnapping is the unlawful removal of a person from where he or she were found. The elements of kidnapping are, an unlawful taking and carrying away

of a human being by force, fraud, threats, or intimidation, and against the person’s will (Schmallager, 2010). There are several types of kidnapping and each jurisdiction

interprets the law differently. False imprisonment, which is basically the unlawful violation of the personal liberty of another,

is similar to kidnapping except that it does not involve the “carrying away” of the victim. The elements consist of, ann unlawful restraint by one person of another person’s freedom of movement without the victim’s consent or without legal justification (Schmallager, 2010). Differences and similarities are that kidnapping

is a felony and false imprisonment is a misdemeanor. Kidnapping usually consists of force while false imprisonment rarely does.

Rape & Statutory Rape

olverac4 — 2013-02-07 20:25:27 UTC

They both consist of unlawful sex acts. Rape is the unlawful sexual intercourse on another person by force. In addition,

it is without the lawful consent of the individual. Statutory rape is simply the unlawful sexual contact with a minor.

Statutory rape may be consensual, but since the person is under the age of consent, it is considered a crime.

States differ in jurisdiction, but both fall under the category of sex offenses.

olverac4 — 2013-02-07 21:19:16 UTC

olverac4 — 2013-02-07 21:25:52 UTC

olverac4 — 2013-02-07 21:32:29 UTC

Texas

olverac4 — 2013-02-07 21:59:55 UTC

First degree felonies: no less than five but no more than 99 years.

Second degree felonies: no less than two no more than 20 years.

Third degree felonies: no less than two and no more than ten.

Misdemeanors consist of fines and imprisonment of up to one year.

California

olverac4 — 2013-02-07 22:05:52 UTC

Felonies: Range from probation to prison time with minimum sentence of 16 months. As well as fines.

Misdemeanors: Serious crimes punishable by up to one year in local, county jail. Additionally, fines up to $1,000 can be ordered.

References:

olverac4 — 2013-02-07 22:06:55 UTC

Kidnapping vs. False Imprisonment. ((2010)). Retrieved from http://kidnapping.uslegal.com/kidnapping-v-false-imprisonment/

Tarbox, K. I. ((2010)). Personal Crime Analysis. Retrieved from http://voices.yahoo.com/personal-crimes-analysis-5695236.html?cat=17

San Diego Crime Defense. ((2007)). Retrieved from http://www.sandiegocrimedefense.com/felony-misdemeanor-charges.html

Schmalleger, F., Hall, D. E., & Dolatowski, J. J. ((2010)). Criminal Law Today (4th ed.). Retrieved from ecampus.phoenix.edu.

olverac4 — 2013-02-07 22:22:17 UTC

olverac4 — 2013-02-07 22:22:48 UTC

olverac4 — 2013-02-07 22:26:58 UTC