Killing another person is commonly referred to as murder. However, the precise term for the killing of one person by another is homicide. Murder is a form of criminal homicide that has a precise legal meaning. Murder is usually defined as the “unlawful killing of another with malice aforethought (or “an abandoned and malignant heart”). Malice aforethought refers to the perpetrator’s intention of doing harm.

There are different legal variations of murder, known as degrees. Degrees of murder vary by the gravity (seriousness) of the offense (usually measured by the intent of the perpetrator) and the sentence assigned to that offense. For example, murder in the first degree, or first-degree murder, carries the sternest sentences and is usually reserved for murders committed with premeditation or extreme cruelty.

The two main variations of manslaughter are usually referred to as voluntary and involuntary manslaughter.

VOLUNTARY MANSLAUGHTER

This is often called a “heat of passion” crime. Voluntary manslaughter occurs when a person:

• is strongly provoked (under circumstances that could similarly provoke a reasonable person) and
• kills in the heat of passion aroused by that provocation.

For “heat of passion” to exist, the person must not have had sufficient time to “cool off” from the provocation. That the killing isn’t considered first or second degree murder is a concession to human weakness. Killers who act in the heat of passion may kill intentionally, but the emotional context is a mitigating factor that reduces their moral blameworthiness.

The classic example of voluntary manslaughter involves a husband who comes home unexpectedly to find his wife committing adultery. If the sight of the affair provokes the husband into such a heat of passion that he kills the paramour right then and there, a judge or jury might very well consider the killing to be voluntary manslaughter.

INVOLUNTARY MANSLAUGHTER

Involuntary manslaughter often refers to unintentional homicide from criminally negligent or reckless conduct. It can also refer to an unintentional killing through commission of a crime other than a felony.

The subtleties between murder and manslaughter reach their peak with involuntary manslaughter, particularly because an accidental killing through extreme recklessness can constitute second degree murder.

People are often confused by the terms homicide, murder and manslaughter.  When reading the newspaper, they wonder why one defendant gets life for murder, while another person gets probation for manslaughter, which, in a way, sounds worse than murder.  It even gets more confusing when people are confronted with terms like felony murder.  After all, aren’t all murders felonies?

Here is a brief explanation of the terms, with some specific references to statutes in South Dakota that may be used as examples, regardless of what jurisdiction you live in.

Homicide is simply the killing of one person by another.  It may or may not be illegal.  Soldiers in battle commit homicide without committing a crime.  Citizens kill intruders without committing a crime.  So, what is it that separates a legal homicide from an illegal murder?  And, what makes one killing a murder and another a manslaughter?

Murder is a homicide committed with “malice aforethought.”  That doesn’t mean it is a malicious killing.  Malice aforethought is the common law way of saying that it is an unjustified killing.  And, for a killing to be a murder, there typically has to be either an intent to kill, or, at minimum, conduct so reckless that it is punishable as murder. 

Murder usually is broken down into degrees.  First degree murder punishes premeditated killings, the killing of especially vulnerable people (such as children), and unintended killings done while intentionally committing another serious felony.  This last kind of first degree murder is called felony murder.

Most people equate premeditation with long term planning.  However, in most criminal codes premeditation doesn’t mean that the killing was planned for weeks or days.  Premeditation often is defined as any planning or design to cause the death before the act of killing occurred.  Second degree murder usually includes all intentional killings that are not premeditated, and some killings that resulted from conduct so reckless it showed a grave indifference to the sanctity of human life or the welfare of others.

As mentioned above, felony murder is a subset of either first degree murder and, in some criminal codes, voluntary manslaughter.  It punishes people who didn’t actually do the killing.  If a person participates in the commission of a felony, and that felony caused someone’s death, all the participants in the felony can be charged with murder.  Common examples of this include the get-away driver in a convenience store robbery who is charged with felony murder after the actual robber shoots the clerk.  Or, the burglar who inadvertently scares a home owner so badly that the home owner dies of a heart attack. 

On 1 February 2008, Michael Lopez-Garcia pleaded guilty to brutally murdering an 82-year-old man with a machete in Corpus Christi, Texas last year. He was high on cocaine when he stabbed his elderly friend, according to prosecutors. But what really earned the case more attention from the US authorities was the MS-13 tattoo on Lopez-Garcia’s back – a tattoo signaling membership in and loyalty to one of the US’ most ruthless street gangs, Mara Salvatruchas.

Lopez-Garcia is one of many thousands who since the early 1990s have participated in a cycle of immigration, gang membership, and deportation, the downward spiral of which has led to a real public security problem in Central America and an alarming street gang presence in many US cities.

Lopez-Garcia, a 22-year-old undocumented immigrant, pleaded guilty this month and was sentenced to 50 years in prison, but his legal status leaves no doubt that he will be deported to his home country once his jail term has been served, though he will be over 70 years old by that time.

Organized Stalking is a form of terrorism used against an individual in a malicious attempt to reduce the quality of a person’s life so they will have a nervous break-down, become incarcerated, institutionalized, experience constant mental, emotional, or physical pain, become homeless, and/or commit suicide. This is done using well-orchestrated accusations, lies, rumors, bogus investigations, setups, frame ups, trumped-up charges, intimidation, overt or covert threats, vandalism, thefts, sabotage, torture, humiliation, emotional terror and general harassment. It is a “ganging up” by members of the community who follow an organizer and participate in a systematic “terrorizing” of an individual.

Organized stalking gang members are given targets’ names or have the target identified for them. They usually don’t know the target before hand and the gang stalkers are tightly networked with stalking groups in other communities as well.

Gang stalking groups are not youth/ race/ biker or Mafia gangs. Other interchangeable terms used for “gang stalking” include: group stalking, community stalking (wide area supervised local harassment), cause stalking (stalkers use a “cause” for recruitment), mobbing (organized stalking in the workplace) and street theater (harassment skits done in view of the target out in the community). Some victims of organized stalking claim they are also victimized by electronic harassment including: electronic harassment, electronic assault, directed energy weapons (“DEWs”), non-lethal weapons, mind control (the through-wall electronics can affect the mind) and voice to skull.

Skeptics of gang stalking point their finger at the target claiming he/ she is delusional or paranoid, thus furthering the goals of the perpetrators. It is readily reported by victims of gang stalking that law enforcement will ignore their pleas for help and actually participate in the gang stalking themselves along with fire fighters, various utility workers and post office employees.

White collar crime refers to non-violent crimes committed through deceptive practices, for the purpose of financial gain. Typically, white collar crimes are committed by business people who are able to access large amounts of money, though the term is sometimes applied to others who pilfer monies in other circumstances. White collar crimes are non-violent, and are committed by a broad range of activities, such as insider trading. To explore this concept, consider the following white collar crime definition.

What is a White Collar Crime

White collar crimes are financially motivated crimes committed by individuals, businesses, and government entities. The actual term “white collar crime” was coined by Edwin Sutherland, Professor of Sociology, 29th President American Sociological Society. Sutherland described such crimes as “a crime committed by a person of respectability and high social status in the course of his occupation.”

White collar crimes cover a wide range of activities, but generally, the crimes are committed by people who are involved in otherwise lawful businesses. The perpetrators often hold respectable positions in their communities or businesses, until their illegal activities discovered. The laws concerning white collar crimes vary, depending on the exact nature of the crimes committed, though many fall under federal authority.

Common Types of White Collar Crime

The term white collar crime covers a wide array of crimes, but they all involve crimes committed through deceit for the purpose of gaining money or other assets. The most common types of white collar crime include fraud, insider trading, and bribery. White collar crimes can often be difficult to prosecute, as the perpetrators take sophisticated steps to ensure their illegal activities are difficult to detect. The most common types of white collar crime are explained below.

Fraud

Fraud is committed by misrepresenting facts in order to gain something in return. The crime of fraud requires four elements:

• The perpetrator made a statement of fact that he knew to be false
• The perpetrator intentionally made the false statement
• The victim believed the statement to be true, relied on the statement, and lost something of value, based on his belief

Example of Fraud

Joseph responded to an ad about an apartment for rent. He met with the supposed landlord, toured the apartment, and agreed to rent the apartment by signing a lease. Joseph paid the security deposit and first month’s rent up front. The next week, Joseph went to the apartment to pick up the key, and learned that someone else actually occupied the residence.

After doing some investigation, Joseph learned that the apartment was not for rent at all, but that the man he met with and gave the money to was not the property owner. In this example of white collar crime, the man who posed as the owner to swindle money out of a prospective tenant has committed fraud.

Insider Trading

Insider trading is often considered a type of fraud, though many people are surprised to learn that not all insider trading is illegal. Insider trading is against the law if a securities transaction, which is the sale or purchase of stocks, is engaged in by a person, or small group of people, inside the company, who have special knowledge not available to others.

Bribery

Bribery is committed when a person uses something of value to tempt or influence someone to act in a specific way, to make certain decisions, or to express certain opinions. This is most commonly seen in one person offering to pay money to another person, who is in a position of authority, for the purpose of persuading him to do something, or to refrain from doing something. Both offering bribes, and accepting bribes, are considered illegal.

Driving under the influence (DUI) is the most common criminal offense in the Canada. Many conscientious drivers with otherwise clean records have been arrested for DUI and suddenly found their lives in a dizzying tailspin from which they could not pull out.

DUI convictions have major ramifications and some can linger for years. Most of us are aware of the short-term consequences, including temporary driver’s license suspension, fees and fines, high insurance premiums, court-mandated community service, participation in drunk driving education programs, and even jail time.

If this is the first time you have been charged with DUI (“Driving Under the Influence”), you are probably wondering what in-fact are the consequences. This is understandable; most people are unfamiliar with the Criminal Justice System until they become a part of it. A general overview of the consequences is as follows, but a more specific overview is provided in another sections of this site. DUI penalties, although different from state to state, tend to depend on whether you have been convicted of a similar offense in the past.

Consequences of DUI

The DUI penalties depend on whether you are convicted of similar offenses in the past. If this is your DUI first offense, you are expected to pay a huge fine. In many states, your license is suspended temporarily and it becomes mandatory for you to attend DUI educational classes. Other consequences are:

•If this is your second DUI offense, you will certainly face jail sentence, permanent license suspension, a hefty fine and/or court cases.

•Most employers prefer that their employees should have a clean driving record. So, if you have DUI records, chances are that you may lose your job and also have problem finding a new job.

•Those convicted for DUI driving also have to pay higher insurance premiums to their company. At times, the existing policy is also dropped under the drunk driving laws of a particular state.

•Other problems may occur, for example, DUI arrests can weaken an individual’s position in a custody battle, rental applications may get rejected and educational scholarships and loans may be denied.

•In countries such as Canada and some states in the US, immigration related rights may be denied or delayed.

Consulting a DUI attorney

DUI records can be disastrous for your future. But what should you do if you are convicted? You have a solution. The most important step is to consult a competent drunk driving attorney. There are criminal law firms that have specialized lawyers who handle DUI-specific cases. With the advent of the internet, finding the best Burlington DUI Attorney has become even simpler today.

Are you interested in firearms and currently seeking firearms training from certified professionals? Do you own firearms and would want to undergo training to develop your shooting skills? Or maybe just plain interested in firearms and would want to learn how to shoot? Getting training professionally by firearms instructors would certainly come with advantages. Here are some of them:

All shooting ranges in the Canada adhere to an accepted ‘code’ of firearm safety rules and regulations which, first and foremost, keep it well-known that firearms are not toys, should be treated with respect and care, and to be kept out of the wrong hands. Basic safety is either taught by new shooters’ peers, or by range safety officers, once they are familiar with the proper disciplines and etiquette, they’re prepared for their first shooting experience.

Recreational shooting can be done in several ways: shooting for accuracy, shooting for speed, or just shooting inanimate objects for the sheer enjoyment of it; all of which are great ways of blowing off steam and having a good time with friends.

Shooting for accuracy, or marksmanship, places emphasis on either achieving tight ‘groupings,’ which refers to the distance between 3 or more points of impact from fired bullets, or precision accuracy for small targets or long ranges. This style is one of the more challenging, as the slightest error in breath control, trigger squeeze, positioning, and handling of the firearm may result in a missed shot. The difficulty of precision shooting sometimes intimidates new shooters, but those who see it as a challenge to overcome enjoy every chance they get to improve upon their skills.

Shooting for speed could encompass clay pigeon shooting, where a round clay disc is ‘thrown’ by a machine or hand-held thrower by a shooting partner, and the shooter uses a shotgun loaded with bird shot to hit the clay target before it’s either out of range or hits the ground. As the shooter’s skill and reaction time advances, multiple clays may be thrown at once, and the speed/elevation of the clays can be adjusted for new challenges. Clay shooting is one of the most common social shooting events, whether for sophisticated business executives or college buddies spending an afternoon at the range. Another speed shooting style would be reactive targets, or obstacle courses. Although they are usually reserved for competitions, a shooter doesn’t need to be a professional to participate in 3-gun matches (fast-paced shooting courses utilizing a shotgun, rifle, and pistol where the shooter competes against the clock to score hits on an assortment of targets). Many more experienced 3-gun participants are always willing to assist newcomers to learn better techniques and to maximize the efficiency of their equipment to achieve better times and scores. 3-gun events provide an adrenaline rush which any shooter would enjoy.

The last place anyone wants to find themselves is in a jail cell. And if you’re unlucky enough arrive in one your first concern is getting out as quickly as possible. But how? First you will need to be “booked,” or processed into police custody. Then you may have to post “bail,” a set amount of money you pay in exchange for your release.

This article provides an overview of the booking procedure and the bail and bonds process.

What Does Booking Mean?

If you’re placed under arrest, normally you will be taken into police custody and booked, or processed. During booking, officers will generally:

• Record your personal information (name, date of birth, physical characteristics);
• Record information about the alleged crime;
• Record your fingerprints, and photographs;
• Check for any criminal background;
• Search your person and confiscates any personal property like keys, phone, or a purse (to be returned upon your release); and
• Place you in a police station holding cell or local jail.

If you’ve been arrested for a minor offense, you might be given a written citation and released, after signing the citation and promising to appear in court at a later date. If not, you will go through the bail and bond procedure.

Arraignment and Own Recognizance Release

After booking, the next step is the arraignment, where you will be read the formal charges and be given an opportunity to arrange for your release. The main concern authorities have is that you show up for your future court dates. In certain cases, you may be eligible to be released on your own recognizance. This means you promise in writing to appear in court later on. A judge deciding whether to grant own recognizance release normally considers:

• The seriousness of the crime;
• Your criminal record, if any;
• Whether you pose a danger to the community; and
• Your ties to the community (whether you are a risk to flee).

If you are released on your own recognizance and fail to appear for your court date as scheduled, a warrant may be issued for your arrest.

What is Bail?

In some cases, a written promise to appear in court isn’t enough, and the court will want a financial guarantee that you will appear in court. Bail is a process by which you pay a set amount of money to obtain your release from police custody. As part of your release, you promise to appear in court for all of your scheduled criminal proceedings. If you show up to court as promised, the bail amount will be returned. If not, you will be subject to arrest and you will forfeit the bail amount.

The bail proceedings can vary from court to court, but generally the court will have a bail hearing to decide whether to grant bail (in extreme cases a court can deny your release altogether) and, if so, what amount is appropriate. The court will have a bail hearing, during which it will consider:

• Your physical and mental condition;
• Your financial resources;
• Your family ties;
• Any history relating to drug and alcohol abuse;
• Any criminal history;
• Any previous record concerning appearance at court proceedings; and
• The length of your residence in the community.

Along with the monetary bail determination, the court could also impose restrictions on your release like limiting your travel, enforcing a curfew, revoking gun ownership privileges, or requiring drug, alcohol, medical, or psychological testing or treatment.

Posting Bail and Bail Bond Agents

Once a court has set the amount of your bail, that amount, or a specified percentage, must be posted, or paid to the court. Generally you can pay in cash or an approved cash substitute, such as a money order or cashier’s check. Once you’ve posted bail, the court will issue a document or an order that shows you may be released.

If you can’t afford to post your own bail, you can contract a commercial bail bond agent (or bail bondsman) to pay and ensure bond. A bond agent will charge a nonrefundable fee, usually 10 to 20 percent of the total bail. In return, the bail bond agent agrees to pay the remaining amount to the court if you fail to appear for your court proceedings.

More Questions About Bail and Bonds? Contact a Lawyer

Finding yourself in jail and needing a bail and bond can be a scary experience. Posting bail, being released on your own recognizance, finding a bail bonds agent — the sheer amount of issues you will have to deal with can be overwhelming. If you’ve been arrested, you should contact an experienced criminal defense attorney in your area to discuss your specific situation.

Killing another person is commonly referred to as murder. However, the precise term for the killing of one person by another is homicide. Murder is a form of criminal homicide that has a precise legal meaning. Murder is usually defined as the “unlawful killing of another with malice aforethought (or “an abandoned and malignant heart”). Malice aforethought refers to the perpetrator’s intention of doing harm.

There are different legal variations of murder, known as degrees. Degrees of murder vary by the gravity (seriousness) of the offense (usually measured by the intent of the perpetrator) and the sentence assigned to that offense. For example, murder in the first degree, or first-degree murder, carries the sternest sentences and is usually reserved for murders committed with premeditation or extreme cruelty.

The two main variations of manslaughter are usually referred to as voluntary and involuntary manslaughter.

VOLUNTARY MANSLAUGHTER

This is often called a “heat of passion” crime. Voluntary manslaughter occurs when a person:

• is strongly provoked (under circumstances that could similarly provoke a reasonable person) and
• kills in the heat of passion aroused by that provocation.

For “heat of passion” to exist, the person must not have had sufficient time to “cool off” from the provocation. That the killing isn’t considered first or second degree murder is a concession to human weakness. Killers who act in the heat of passion may kill intentionally, but the emotional context is a mitigating factor that reduces their moral blameworthiness.

The classic example of voluntary manslaughter involves a husband who comes home unexpectedly to find his wife committing adultery. If the sight of the affair provokes the husband into such a heat of passion that he kills the paramour right then and there, a judge or jury might very well consider the killing to be voluntary manslaughter.

INVOLUNTARY MANSLAUGHTER

Involuntary manslaughter often refers to unintentional homicide from criminally negligent or reckless conduct. It can also refer to an unintentional killing through commission of a crime other than a felony.

The subtleties between murder and manslaughter reach their peak with involuntary manslaughter, particularly because an accidental killing through extreme recklessness can constitute second degree murder.

People are often confused by the terms homicide, murder and manslaughter.  When reading the newspaper, they wonder why one defendant gets life for murder, while another person gets probation for manslaughter, which, in a way, sounds worse than murder.  It even gets more confusing when people are confronted with terms like felony murder.  After all, aren’t all murders felonies?

Here is a brief explanation of the terms, with some specific references to statutes in South Dakota that may be used as examples, regardless of what jurisdiction you live in.

Homicide is simply the killing of one person by another.  It may or may not be illegal.  Soldiers in battle commit homicide without committing a crime.  Citizens kill intruders without committing a crime.  So, what is it that separates a legal homicide from an illegal murder?  And, what makes one killing a murder and another a manslaughter?

Murder is a homicide committed with “malice aforethought.”  That doesn’t mean it is a malicious killing.  Malice aforethought is the common law way of saying that it is an unjustified killing.  And, for a killing to be a murder, there typically has to be either an intent to kill, or, at minimum, conduct so reckless that it is punishable as murder. 

Murder usually is broken down into degrees.  First degree murder punishes premeditated killings, the killing of especially vulnerable people (such as children), and unintended killings done while intentionally committing another serious felony.  This last kind of first degree murder is called felony murder.

Most people equate premeditation with long term planning.  However, in most criminal codes premeditation doesn’t mean that the killing was planned for weeks or days.  Premeditation often is defined as any planning or design to cause the death before the act of killing occurred.  Second degree murder usually includes all intentional killings that are not premeditated, and some killings that resulted from conduct so reckless it showed a grave indifference to the sanctity of human life or the welfare of others.

As mentioned above, felony murder is a subset of either first degree murder and, in some criminal codes, voluntary manslaughter.  It punishes people who didn’t actually do the killing.  If a person participates in the commission of a felony, and that felony caused someone’s death, all the participants in the felony can be charged with murder.  Common examples of this include the get-away driver in a convenience store robbery who is charged with felony murder after the actual robber shoots the clerk.  Or, the burglar who inadvertently scares a home owner so badly that the home owner dies of a heart attack. 

Domestic violence, or family violence, is violent, abusive or intimidating behaviour in a relationship. There are many types of domestic violence, including social, physical, sexual and emotional. If you’re being subjected to domestic violence, there are a number of organisations that can offer you help and support.

This can help if:

• you’re in an abusive relationship
• you don’t know what to do about your abusive relationship
• you don’t know where to go to get help
• you don’t know what your rights are.

What is domestic violence?

For violence to be ‘domestic’, it doesn’t have to occur within your home, only within a relationship (with family or an intimate partner). It occurs when someone close to you has power and control over you. This control or abuse can be expressed in different ways.

Physical abuse

If someone is hurting you physically, or is threatening to hurt you, a loved one or a pet, then you will need to take action. Read more about physical abuse and learn where to get support.

Emotional abuse

Emotional abuse often goes unrecognised and can be very hurtful. Someone who is emotionally abusive towards you wants to chip away at your feelings of self-worth and independence. Read more about what constitutes emotional abuse.

Economic abuse

If someone close to you controls your finances, and keeps you financially dependent on them so that you always have to ask them for money, this is a form of domestic violence.

Social abuse

Social domestic violence occurs when someone insults or humiliates you in front of other people, keeps you isolated from family and friends, or controls what you do and where you go.

Spiritual abuse

Spiritual domestic violence involves preventing you from having your own opinions about religion, cultural beliefs and values. It may also involve manipulating your thoughts on spirituality in order to make you feel powerless.

How can you keep yourself safe?

An abuser may exert control by downplaying the seriousness of what they’re doing to you. As a result, it’s easy to underestimate the amount of danger you’re in. It’s vital to protect yourself from harm if you feel that you’re being abused.

Decide if you’re in any immediate danger

How likely is it that someone will hurt you? Sometimes it’s hard to work out the danger or risks yourself. If you’re unsure about your safety, it’s important to talk to someone. If you feel uncomfortable, you may have to move to somewhere safe.

Get support

Making a decision to leave a situation where you feel unsafe may be hard and scary. If possible, talk to someone you trust, such as a friend, counsellor or youth worker.

As the world becomes increasingly digitized, more people are using the personal information of others to commit crimes such as identity theft. Identity theft is a crime that occurs when someone uses a victim’s personal information to pose as the victim in order to obtain goods, services, or anything else of value.

The Federal Trade Commission reports that in 2009 approximately 13.9 million Americans had their identities stolen. The amount of money lost to identity theft measures in the billions of dollars every year, and about one out of every 20 consumers will have their identities stolen this year. Identity theft even extends beyond the grave, as some thieves take the identities of deceased victims.

Identity theft, though very common, is a relatively new crime. In the past, states categorized this type of behavior as false impersonation, forgery, theft by deception, or by other crimes. Today, some states still use these laws to punish identity theft crimes, while other states have enacted specific identity theft laws that target this type of behavior.

Identity Theft Crimes

Identity thieves target specific forms of personal identity. They use sensitive personal information, such as your Social Security Number, bank account numbers, email passwords, and credit card numbers to their own benefit.

For example, a common scam might involve phoning you and claiming to be a representative of your bank. The caller asks you to “confirm” your bank account details by providing your social security number, date of birth, and other important details. A week after providing this information, you learn that someone has emptied your account of all its money. A couple of months later you also find out that someone used your information to obtain credit cards under your name. You now have no money in the bank and owe $10,000 on credit cards you never applied for. You are the victim of identity theft.

Criminal Behavior

State identity theft laws cover a wide range of behaviors. At their heart, these crimes all involve someone using your personal information without your consent for their own purposes or gain. Identity theft can occur when:

• Someone working for your bank accesses your account information and sells it to a buyer.
• A stranger sees you drop your credit card and decides to pick it up and use it to buy something.
• Someone sends you an email posing as the IRS, ordering you to submit your personal information or be audited.
• Someone uses a computer to access your email account, find personal information in your emails, and use that information to open a cell phone account.
• Your local garbage collector finds some of your personal documents in the trash and uses the information to obtain a credit card.

Penalties

Like all criminal laws, identity theft laws differ from state to state, and there are also federal identity theft laws that have their own penalties. Being convicted of an identity theft crime can lead to one or more of the following penalties:

• Incarceration. A conviction for an identity theft crime can result in a significant incarceration sentence. In general, a conviction for misdemeanor offense can lead to up to a year in jail, while felony sentences can result in several years or more in prison.
• Fines. It’s common for courts to order someone convicted of identity theft pay a fine. Misdemeanor fines can sometimes reach in excess of $1,000, while felony fines can easily exceed $5,000.
• Restitution. If the identity theft results in a victim losing money or suffering financial harm, courts will also typically order restitution. Restitution is designed to compensate the victim for his or her loss, while fines are designed to penalize the perpetrator. Restitution awards vary, depending on the circumstances of each case.
• Probation. For first-time offenders of identity theft crimes that do not result in significant harm, it’s possible a court might impose a probation sentence in addition to, or separate from, other penalties. Probation usually lasts at least a year, but sentences of three or more years are also common. People on probation have to comply with specific court imposed restrictions, such as reporting to a probation officer, paying all restitution and fines, and not committing other crimes.

Legal Advice

Being charged with an identity theft crime is a very serious situation. Depending on your circumstances, being convicted of identity theft can lead to large fines and years or more in prison. Talking to a local criminal defense attorney as soon as you learn that you are being investigated for, or charged with, an identity theft crime is essential to protecting your rights throughout the criminal justice process. An area lawyer who has experience with identity theft cases and who has represented clients in local courts is the only person capable of giving you legal advice about your case.

A felony is generally defined as a crime that is punishable by more than one year in prison. These are usually more serious crimes such as murder, sexual assault, and other types of crimes. When a person is convicted of a felony, they can lose several rights, like the right to vote and the right to possess a firearm. 

There are multiple reasons behind this firearm law. For one, if the person was convicted of a violent felony, especially one involving a firearm, then not allowing them to own one may help prevent instances of a repeat offense. Another reason is that it may serve as a deterrent for people to commit felony crimes. 

There may be some differences between state and federal felony sentencing guidelines and a loss of privileges such as the right to own a firearm. Also, there may be different definitions with regard to what a firearm is (like a handgun vs. a flare gun). There may also be exceptions when it comes to white collar felony crimes. 

You may need to check with an attorney for the exact details of such laws, especially the laws of your state, as they may be different from other state laws. 

What Weapons Can a Felon Own?

While persons convicted of a felony usually can’t own a firearm, they may sometimes be able to own other types of weapons. They may still have a right to protect themselves and their homes using certain weapons, which also may vary by state law. These may include weapons such as:

• Knives with blades not longer than a certain length (such as four inches);
• Crossbows or bows and arrows;
• Pellet guns; and
• Certain other weapons, depending on the local laws.

Again, you may need to check your state’s laws or consult with an attorney to determine what types of weapons are allowed for felons in your area. Convicted felons must still obey any types of laws or restrictions associated with these types of weapons. 

As you can see, the above list can still allow felons the ability to go hunting. So the purpose of barring felons from owning firearms is not to remove their ability to go hunting or defend themselves, but to deter or prevent the use of a firearm to commit a crime. 

Can a Felon Be Around Firearms?

Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. However, things can get tricky if the gun is around or if the person lives with them. There are some instances where a convicted felon may be found guilty of “constructive possession” of a firearm. This can happen if:

• The convicted felon knew that the firearm was in the home or residence, and
• The felon had the ability to maintain control of the gun.

In some cases, a felon can be guilty of constructive possession without ever even handling the gun. This can also happen in situations where the firearm is in a truck or car (for instance, if they borrowed a car knowing that it contained a gun, or they were riding in a car that had a gun). 

Note that some laws make distinctions between a felon possessing a gun and a felon owning a gun. This can change the outcome of their criminal liability in these situations.

What Will Happen If a Felon Possess a Firearm?

Possession of a firearm by a felon is considered a felony crime in itself. It is usually punishable by a prison sentence ranging from one to three years, again depending on state laws. It may also be accompanied by criminal fines and other punishments. Being found guilty of this crime would naturally harm the person’s ability to ever own a firearm in the future.

Second or third offenses may result in even more severe criminal punishments. These can include longer prison sentences and higher fines.

Can a Felon’s Gun Rights Be Restored?

In many cases, a felon’s rights to own a gun can be restored. This can usually happen if the felony crime they were convicted of gets expunged or removed from their record. This can be difficult to do, as the person may often need to wait for several years after the conviction and maintain a clean criminal record afterward. However, it is possible to achieve.

In certain cases, state laws regarding felon gun ownership rights may be different from federal laws. Thus, if a person’s gun ownership rights are restored at the state level, they might still be barred from owning one at the federal level. It is advisable to check your state’s gun restoration laws to determine your eligibility if you have been convicted of a felony.

Should I Talk to a Lawyer If I Am Charged with Felony in Possession of a Firearm?

Loss of firearm or weapon ownership rights is a major issue for felony cases. This is especially the case for a felony gun charge. You may need to hire a criminal lawyer in your area for help with the specific laws of your state. Your attorney can provide you with guidance and representation for your felony case or legal issues.