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Virginia Attorney Search Articles:
Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. In a criminal case the state, through a prosecutor, initiates the warrant for arrest in most felony cases and some misdemeanor cases. In Virginia, misdemeanor warrants can also be initiated by a person making a sworn statement before a Magistrate that a crime has occurred. Persons convicted of a criminal offense may be incarcerated, fined, or both.
A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Although there are some common law crimes, most crimes in Virginia are established by the local, state, and federal governments. Crimes include both felonies (more serious like murder or rape) and misdemeanors (less serious offenses like petty theft or simple assault). Felonies are criminal offenses punishable by imprisonment in the state penitentiary of a year or more and/or a fine. Misdemeanors are criminal offenses punishable by 12 months or less in jail and/or a fine. All statutes describing criminal behavior can be broken down into their various elements. Most crimes consist of two elements: an intentional act or a mental state. Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. The effects of convictions of criminal offenses can vary from case to case. For instance, the conviction of a felony will result in the loss of civil rights such as the right to vote, the right to own a firearm and the right to travel abroad. Whereas in a misdemeanor conviction, generally you maintain all of your civil rights, however some employers may discover your criminal record and employment may be frustrated as a result. In addition, in either misdemeanor or felony cases, not only may a jail sentence be imposed, but you may be subjected to supervised or unsupervised probation. Criminal Defense Attorney in Richmond Va
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