CRIMINAL LAW >> Felonies
A felony is a criminal offense,
which carries a sentence of over 1 year imprisonment and/or
a penalty of over $5,000.
We handle the following types of felonies:
Theft:
A person is guilty of theft if he/she takes properties or services
from another with intention to deprive the true owner. Theft
is a crime involving moral turpitude, and as a result, has serious
consequences for aliens, and for jobs or professions regarding
trust.
There are different degrees of theft, ranging from First Degree
Theft to Minor Shop Lifting. The degree depends on the value
of the property or services stolen.
(a) First Degree Theft: value of good or service exceeding
$1,500.
(b) Second Degree Theft: value of good or service exceeding
$250 but not exceeding $1,500.
(c) Third Degree Theft: value
of good or service not exceeding $250 in value.
Burglary:
A person is guilty of burglary if he/she enters or remains
unlawfully in another’s house with intention to commit
a crime against a person or property therein. The degrees of
burglary depend on the type of house entered (residential, business,
whether occupied, etc.) or the time of the day.
The degrees of burglary depend on the mitigating or aggravating
circumstances. Example:
(a) First Degree Burglary: Defendant enters a dwelling and
is armed with a deadly weapon or assaults any person therein.
(b)
Second Degree Burglary: Defendant enters any building with intent
to commit a crime therein.
Criminal Trespass:
A person is guilty of criminal trespass when he or she knowingly
enters or remains unlawfully in a premises of another. The degree
depends on whether the defendant broke the close.
Assault:
A person is guilty of assault if he/she inflicts bodily injury
or causes fear of imminent harm to another person.
The degrees of assault depend on the degree of harm intended.
- First Degree Assault: Intent to kill a human being
- Second Degree Assault: Knowingly inflicts grievous bodily
harm with or without a weapon; knowingly assaults another
with a weapon likely to produce bodily harm; or knowingly
assaults another with intent to commit a felony.
- Third Degree Assault: Under circumstances not amounting
to First or Second Degree prevents or resists the execution
of any lawful process – Resisting arrest –
Homicide:
A person is guilty of homicide if he/she intentionally or recklessly
causes the death of another person.
There are different degrees of homicide affected only by the
defendant’s culpability. Therefore, the only difference
is the mens rea and aggravating circumstances.
- First Degree Murder: Defendant commits the crime of murder.
Under circumstances manifesting an extreme indifference to
human life or creates a grave risk of death to any person.
- Second Degree Murder: With intent to cause the death of
another person but without premeditation, he/she causes the
death of such person or a third person.
- First Degree Manslaughter: Defendant recklessly causes the
death of another person.
- Second Degree Manslaughter: With criminal negligence, Defendant
causes the death of another person.
