The term white-collar crime is used to define offenses committed using fraudulent schemes. The most common types of crimes include forgery, theft, embezzlement, corporate fraud, insurance scams and money laundering. White-collar crime was a phrase originally coined in 1939 when Edwin Sutherland gave a speech to the American Sociological Society. He defined the term as crimes that were committed by people of respect and who held high social status due to their level of occupation. These crimes are often difficult to prosecute because the perpetrators use very sophisticated means to conceal their illegal activities through complex transactions.

All information provided for reference purposes only, contact an experienced NJ Criminal Law attorney for additional details.
State Penalties For White Collar Crimes

Each state has their own unique set of laws that define the penalties for committing white-collar crimes. For example, the State of Washington considers the theft of a search and rescue dog while the animal was on duty to be prosecuted as a Class B Felony offense. An individual convicted of first-degree theft can face up to ten years in state prison and fine up to $20,000. Michigan punishes offenders more severely if they embezzle funds from a non-profit or charitable organization. These crimes carry felony penalties and the prison sentence will depend upon how much money was stolen. Theft of $500 or less in the State of Utah results in a Class B misdemeanor charge and if convicted, the defendant will spend up to six months in county jail and fined $1,000.

RICO Statute in Prosecuting State & Federal Crimes
The United States Congress passed the Racketeer Influenced and Corrupt Organization (RICO) Act on October 15, 1970. This groundbreaking legislation was originally aimed at destroying the criminal activities conducted by the Mafia. RICO is primarily used to prosecute businesses, individuals and political groups that commit fraud or engage in terrorist activities. To obtain a conviction against a defendant, prosecutors must prove that the accused is guilty of violating 2 out of the 35 statutes within a ten-year period. RICO offenses are defined as the following acts:

• State laws against arson, bribery, extortion, gambling, kidnapping, murder and dealing in controlled substances or obscene matter.
• Criminal acts of bribery, counterfeiting, embezzlement, fraud, money laundering, obstruction of justice, murder for hire and other crimes outlined in Title 18 of the Federal Criminal Code.
• Bankruptcy and securities fraud
• Embezzling union funds
• Money laundering and drug trafficking
• Illegally smuggling aliens for financial gain
• Acts of terrorism

The goal of RICO was to punish individuals who used an enterprise to engage in criminal behavior. This typically included extortion, loan sharking and transporting stolen goods. Upon conviction, the defendant must forfeit any assets gained during the commission of the crimes. They face a possible sentence of 20 years in prison for each violation.

Defending Against Criminal Charges

Corporate executives and business owners may find themselves the target of a federal investigation for committing wire fraud or tax evasion. Individuals can be charged with criminal conspiracy for doing business with others who are engaged in criminal activities. Anyone who has been charged with a crime should seek the advice of an experienced criminal defense lawyer. The above information is provided as a courtesy and is not intended as legal advice.

Originally posted 2011-06-24 02:22:37. Republished by Old Post Promoter

Weapons Offenses Defined

Weapons offenses are violations of statutes that restrict the possession and use of deadly weapons. Approximately two percent of arrests nationwide are for weapons violations. A weapon is a device that is used to cause injury or harm to people or animals. In some cases, the use of weapons is warranted and justified and does not violate any law. In other cases, however, the use of weapons is prohibited by law and a user commits a crime in the use of the weapon.

All details provided for informational and educational purposes only, provided on behalf of HelmerLegal.com.

Moreover, in the criminal context, weapons are classified in two ways, as deadly weapons and as dangerous instruments. Deadly weapon is a term that is defined by statute to include any device or implement that can cause death or severe bodily harm. Specifically, deadly weapons include firearms, ammunition, silencers, explosives, and certain knives. However, there are many deadly weapons other than just firearms.

A dangerous instrument is a device or instrument which is used or attempted to be used in a way that can cause death or serious bodily injury. The instrument need not have any inherent capacity for causing harm. It is strictly its use or intended use that governs its categorization. In some cases, even an automobile may be considered a dangerous instrument. Weapons offenses involve the possession and/or use of a deadly weapon, but may also apply to dangerous instruments.

Firearms are Common Components in Weapons Offenses

Some weapons laws are specific to firearms, even though weapons offenses extend beyond just firearms. Weapons offenses involving firearms are more common than any other weapons offenses. Certain firearms are completely banned, such as machine guns, and automatic or semiautomatic assault weapons. Licensed manufacturers, distributors, and dealers may store, ship, and sell these items, but private citizens cannot have them in their possession. Certain classes of people cannot possess or purchase firearms, including convicted felons and juveniles. Furnishing firearms and some other weapons to juveniles is a separate offense for which there are criminal penalties. Cities, counties, states, and the federal government have criminal laws concerning deadly weapons. These include restrictions on possession, carrying, use, sale, importing and exporting of deadly weapons.

Arrests for Weapons Offenses

Arrests for weapons violations have been on the rise over the past decades. Between 1974 and 2004, these arrests increased more than 54%. Arrests of juveniles for weapons violations have also been increasing. A racial disparity exists in weapons violations, with five times as many blacks as whites being arrested for weapons violations. In many cases, suspects are charged with weapons violations along with other criminal offenses which occurred in the same incident. The use of a deadly weapon in the commission of a crime may lead to an elevation of the offense to a higher or more severe class. Common underlying offenses include violent crimes, such as rape, robbery, and assault, and property crimes such as burglary and automobile theft. Seemingly weapons offenders are often repeat offenders or even career criminals, as more than 50% of suspects charged with weapons offenses have previous felony convictions or are even subject to ongoing prosecution at the time of the weapons offense charge. In many cases they are on probation or parole at the time of the new offense.

Attorneys Specialize in Weapons Offenses

Many criminal lawyers specialize in weapons offenses, and offer expert handling of defense to weapons offense charges. These attorneys employ advanced techniques of evidence presentation and witness examination. Even where a defendant is still convicted of an offense, the hope of the attorney is that it will be a lesser offense with a more acceptable penalty.

Contents herein are not offered or intended as legal advice and should not be construed as such. Persons seeking legal counsel regarding weapons offenses are advised to speak with an attorney.

Originally posted 2011-07-20 08:25:21. Republished by Old Post Promoter

In criminal law, there are several important factors that denote the difference between a charge of manslaughter and murder. When an incident that results in the death of a human being occurs due to the actions or inaction of another individual in an illegal manner, the potential for criminal charges are likely. Depending upon specific technical criteria, arriving at the appropriate criminal charge is essential for a prosecuting attorney.

The charge of manslaughter is a broad term that covers several separate degrees of seriousness, depending upon the offense. The general meaning of manslaughter is wrongfully killing another individual without any forethought or intention. For the charge of manslaughter to be applicable, there must be evidence that the offender committed the offense unintentionally. While the charge of manslaughter is a serious one, it is less severe than that of a murder charge.

The varying degrees of manslaughter are designated under the following examples. Voluntary manslaughter can be defined as the killing of another person through inciting situations. An offender charge with voluntary manslaughter typically had no intention of committing murder, but out of temporarily uncontrolled passion, kills another human being. For example, a person would be charged with voluntary manslaughter if, in the process of arguing with a spouse, loses self-control and kills the other person.

Involuntary manslaughter can be construed as a death of an individual due to the direct or indirect negligence or carelessness of another person. The deaths in these cases are not planned or intentional as in voluntary manslaughter cases, yet it is not caused by a moment of out-of-control passion or anger. An example of involuntary manslaughter can be seen in alcohol or drug related accidents which result in the death of an individual.

A murder charge can be described as killing or causing a death based on malice or apathetic intention. For a murder charge to be issued against an individual there must be reasonable evidence of the direct intention to cause bodily damage and harm to another person. There are different degrees of murder. The crime of murder is the most serious of offenses where a loss of life occurs.

This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Attorneys Helmer, Paul, Conley, & Kasselman P.A. provides focused legal counsel and representation within the area of criminal law and has provided this for informational purposes only.

Originally posted 2011-05-23 06:50:21. Republished by Old Post Promoter

Sex crimes are an unfortunately common type of crime that victimize people of all demographics. In Texas, roughly two million people are victims of sex crimes each year, roughly 250,000 of these people are children. Sex offenses are often severe and range from public nudity, to rape.

The following information is provided as a reference only by Attorney Michael Lowe, a Sex crime lawyer in Dallas.

Types of Sexual Crime

There are many types of sex crimes in Texas. Sex crimes have a variety of severity, with the most minor being those that does not harm another individual. Minor sex crimes are those such as public nudity, and public display of pornographic materials. More severe sex crimes in Texas consist of child molestation, rape, creating, purchasing or distributing child pornography, and prostitution.

Most Common Sex Crimes in Texas

The most common sex crime in Texas is sexual assault. Sexual assault can be any sort of unwanted sexual contact, including, but not limited to, unwanted touching, rape, drugging a person with intent to rape, and aggravated rape. Sexual assault also applies to minors, and includes incest, molestation, and selling a child into prostitution. Sex crimes also include statutory rape, which is any child under the age of consent having sexual relations with another individual whether the child agreed to the act or not.

Seriousness of Sex Crimes in Texas

Sex acts in Texas are prosecuted with jail time and fines, according to the severity of the act itself. Those who commit the most severe sex offenses are also forced to register as a sex offender in the area which they live. Sex offenders often face a stigma and find it very difficult to get a job and live their lives the way they did prior to the offense.

Millions of people have been affected by a sex crime. Sex crimes can cause physical and mental trauma to the victims for years after the event, especially if the sex crime involved a family member or somebody who was close to them. Those who are unfairly charged with a sex crime face similar stigma which can cause them to be forbidden a job and create harassment in their community.

If you or a loved one have been involved in a sex crime, it is important to contact a lawyer for legal advice. This article is not legal advice and should not be taken as such.

Originally posted 2011-07-17 11:40:50. Republished by Old Post Promoter

HIV is a form of STD, or sexually transmitted disease that leads to AIDS. The distinction among these two depends on the blood cell count of the concerned victim. It is difficult to live the regular daily routine when a person is infected with this virus/syndrome. One of the difficulties is having a romantic relationship with another person who is not infected with this disease.

Details provided herein are for information and education only, contact an experienced Dallas Criminal Attorney where required.

Discussions on whether HIV transmission, particularly if the uninfected partner is unconscious about the health situation, is a sex crime or not are currently happening; these discussions can be controversial. In other nations, this occurrence is deemed sex crime.

There are nations that consider that transmitting HIV is an unlawful act – manslaughter, murder, attempted murder. In some instances, whether the uninfected partner is aware of the situation or not is disregarded.

As far as the US is concerned, HIV transmission is recognized as a criminal act in states individually; this is not a federal law. If a person who is aware that he or she is infected with HIV donates blood and causes HIV transmission, then this person is legally accountable, and so is the case for spitting saliva.

There are states that consider HIV transmission as a misdemeanor and not a felony. There are states that consider HIV transmissions as a felony.

The opinion on this issue is not unanimous. The article “The Case against the Criminalization of HIV Transmission” by the American Medical Association maintains that it is not fair to indict people who are infected by the virus to live their life like a regular individual. They added that the only exception is if the person intentionally transmitted HIV to another individual. Other critics say that HIV is not as significantly harmful as it was in the past. It is not fair to indict the people who are infected with HIV but not those who are infected with other STDs.

The information in this article is not intended nor should be considered legal advice, provided by Attorney Michael Lowe, who provides legal services for Sex Crimes in Dallas.

Originally posted 2011-08-04 02:19:27. Republished by Old Post Promoter