A primary role of a police officer is to make arrests. Many even have arrest goals! Often if you are approached by an officer it is likely the officer will have information in assisting them to obtain an arrest. Read on to learn more.

Rules When Speaking With Police Officers

• Issues of consent. You are not obliged to answer questions or agree to a search if you are not suspected of a crime. But if you do consent, the data provided may be used against others (or yourself.) When you agree to a search or to be questioned, remember you may always withdraw your consent and there is no concept of speaking to the police in an unofficial or ‘off the record” manner.
• Failure to produce ID when requested by the Police is illegal in most states and is mandatory when you are pulled over for a traffic stop.
• An officer may question you without reading you your Miranda rights. Therefore, this info may be used against you. Miranda rights only have to be read to a person when they are in custody and are under interrogation.
• You may always delay answering questions when to are not in custody – by asking the officer to return later.
• If you think you may be implicated in a crime, silence may be a very good idea until you have spoken to an attorney. Silence cannot be used against you in court.

Rights At Traffic Stops And Checkpoints

• When a police officer thinks you are guilty of a traffic offense. They may arrest you and even frisk your passengers, especially if the officer suspects they may have a weapon.
• The officer may not perform a search unless they have a “reasonable belief” there is criminal evidence or weapons in the vehicle. The officer cannot use a traffic stop as a reason for a search that is extensive. The officer will need probable cause.
• A police officer may be allowed to search a vehicle without a warrant in the event of an accident.
• At legal checkpoints as long as police follow all the legal procedures they may stop and question drivers for specific purposes.

Your Rights At Home

• When a police officer wants to visit your home to ask questions – you are not obliged to admit the officer or answer questions. You do not have to agree to any searches unless the officer has a search warrant.
• Sometimes you will want to speak with a police officer. When a police officer enters your home and they see any evidence of criminal activity. The material may be seized.
• In an emergency the officer can enter residences. for example, if they are following a suspect who may enter the residence or when an officer hears screams and shouts for assistance.

Source: https://www.criminaldefenselawyer.com/resources/defendants-rights/dealing-with-police.htm

First degree murder is considered by the majority of states as unlawful killing that is willful and premeditated (planned.) Most states also apply what is known as the “felony murder rule,” whereby a person commits murder in the first degree, should  a death (even an accidental death) results from certain felonies like arson, burglary, kidnapping, robbery and rape. Read on to learn more.

Elements Of First Degree Murder

These elements are willfulness, deliberation and premeditation. However federal law and some states also include malice afterthought as an element. The amount of malice differs from state to state. Most states decide based on certain kinds of killings. However, not all states divide murders into degrees. For example, in some states the top level of murder is known as “capital murder.”

Intent

There must be a specified intent to kill with a first degree murder. Even if the eventual victim was not the original intention. Many state laws sat killing with a depraved indifference to human life qualifies as first degree murder.

Deliberation And Premeditation

This can only be decided on an individual case basis. Having time enough to make the decision to kill and then act on it following enough time for a reasonable person to think of the consequences usually is enough. Deliberation and preparation must always happen prior to the killing.

Malice Aforethought

Certain killings are categorized as first degree murder, for example:

• The killing of a child by means of unreasonable force
• Certain killings when in a pattern of domestic abuse
• The murder of a member of law enforcement
• Homicides as part of another crime such as robbery, arson or rape
• Intentional Poisonings
• Murders as a result of being imprisoned
• Murders where the killer waited for and/or ambushed the victim

Source:  https://criminal.findlaw.com/criminal-charges/first-degree-murder-overview.html

Assault charges are common in many urban areas and are often associated with disputes regarding relationships, though assault of a minor, sexual assault and other related assaults also tend to be higher in heavily populated areas. Read on to learn more about getting assault charges dropped.

Assault Versus Battery

Assault is the intentional act causing a person to fear they are about to suffer physical harm. It also recognizes placing another person in fear of imminent bodily harm is itself an act deserving of punishment. This definition also allows police officers to intervene and make an arrest without waiting for the assaulter to physically strike the victim. Battery is when the person who has been physically hurt by another person. Assault is only when there is a fear of harm and it means the person doing the assault has to intentionally make the other person fearful for their safety with the threat of potential harm. 

Filing Charges

These crimes are filed through the governmental criminal case method, ensuring there is not a way to drop the charges. There is no recourse for victims once charges have been filed and a trial has been instituted unless they choose to be of assistance to the opposing counsel. Often victims want the charges to be dropped. This decision is entirely up to the lawyer responsible for the prosecution. They may consider additional evidence and in certain states there is an office with special responsibilities for the examination of such evidence.

Difficulties In Dropping Cases

When victims have additional thoughts regarding going-forward with the prosecution may be concerned for their safety. When the victim decides they do not want to continue, they may decide to reach out to the defending lawyer as quickly as they can so the case of the defense can be bolstered. The testimony of witnesses may be essential for the case and needs to be submitted as a written statement as soon as possible as it may clarify disputed issues. The legal defense party represents the charged individual – so anything the victim may share with this individual may later be used at trial.

Don’t Do This

During an assault, emotions run high. Those who are accused need to be very quiet and controlled so additional complications do not arise with law enforcement. Victims (or those claiming to be) also need to be calm and can help to ensure no violent action occurs. If there is, the case may be further complicated. Also, the prosecution should not be harassed at any time. Everyone needs to be treated with respect.

Source: https://www.hg.org/legal-articles/dropping-assault-charges-39223

Crimes involving intentional harm to another person can be classed as assault, assault and battery and aggravated assault. Depending on the seriousness of the situation this may rise to aggravated assault. even mutually agreed fighting can constitute assault. Read on to learn more.

What Is Assault?

Assault is the intentional act causing a person to fear they are about to suffer physical harm. It also recognizes placing another person in fear of imminent bodily harm is itself an act deserving of punishment. This definition also allows police officers to intervene and make an arrest without waiting for the assaulter to physically strike the victim.

What Is Assault and Battery?

Battery and assault were once considered separate crimes. Many modern statutes do not distinguish between the two crimes. These days, statutes often refer to crimes of actual physical violence as assaults.

Simple Versus Aggravated Assault

Many states say assaults fall into one of two categories, simple or aggravated. The latter is a felony involving an assault with the intent to commit a serious crime or with a weapon. When these factors are not at play, the crime tends to be assault, which is a misdemeanor. There are states recognizing different degrees of harm and classifying them as first, second and third degree assaults.

Source: https://www.nolo.com/legal-encyclopedia/assault-battery-aggravated-assault-33775.html

The penalties and sentences for an assault and/or battery conviction can vary widely depending on the law of the state where the offense was committed. Read on to learn more.

Normally, an assault involves threats of bodily harm. It doesn’t require actual contact, but the person threatened must  believe it is a credible threat.

The crime of battery usually involves intentional and unwanted physical contact, even if the intent wasn’t to actually cause harm.

Most states treat assault and battery as two separate crimes, not all states do. For instance, Texas makes no distinction between the two.

Penalties for an Assault Charge

The seriousness of the threat and associated circumstances will make the assault charge a felony or a misdemeanor. For example, federal law divides assault into a felony punishable by 10 years imprisonment and a misdemeanor punishable by one year imprisonment. Along the same lines, the states divide assault into misdemeanors and felonies. A misdemeanor carries a potential jail term of less than one year. Felonies are subject to imprisonment for more than twelve months.

Penalties for a Battery Charge

Just like assault, battery can be considered a misdemeanor or a felony. The distinction between the two classifications depends on the seriousness of the injury, whether a weapon was used, and the person who was injured. State and federal laws provide for more serious punishments when the victim is a peace officer, fireman, or a member of the legislature, executive or judicial branch of government.

Aggravated Assault/Battery

The potential penalties rise dramatically for aggravated assault because it constitutes a felony in all states. The crime of assault and/or battery becomes an aggravated assault / battery based on whether:

• A deadly weapon was used;
• The status of the victim is a protected class;
• The perpetrator’s intent; or
• The seriousness of the injury.

The type of weapon used makes a difference in the assault and battery penalties that will be assessed. While states like Michigan do not single out particular weapons for different treatment, states like California do as California has specified different punishments for different types of weapons. Similarly, laws may carry harsher penalties for assaults or batteries committed against family members or others living with the offender, or such crimes may be prosecuted under domestic abuse or violence laws.

Aggravated Assault in Arizona

The Aggravated Assault statute in Arizona is long and complex. The punishments can vary from 1.5 years to 25 years in prison, or more in some cases where the circumstances call for it.

Source: https://criminal.findlaw.com/criminal-charges/assault-and-battery-penalties-and-sentencing.html