Today we will share with you a list of reasons to go to jail for. Through this article, you will learn what crimes the law has determined should be punished with jail time and what are their respective penalties.
List of reasons to go to jail
Below you will find a brief summary of reasons to go to jail. All of the following actions carry a prison sentence:
- Acts against life and personal integrity: genocide, homicide, personal injury, abortion, injury to the fetus, abandonment of minors and helpless people, failure to help, genetic manipulation and acts of discrimination.
- Acts against persons and property protected by international humanitarian law: all those committed against a protected person such as homicide, injuries, carnal access or sexual acts, degrading inhuman treatment or biological experiments, forced prostitution or sexual slavery; among others.
- Acts against freedom and other guarantees: forced disappearance, kidnapping, seizure and diversion of aircraft, ships or collective means of transportation, arbitrary detention.
- Acts against personal autonomy: torture, forced displacement, illegal constraint, constraint to commit a crime.
- For violation of privacy, reservation and interception of communications.
- Against freedom of work and association, against religious sentiment and respect for the deceased.
- Against sexual freedom, integrity and training: violent sexual access or act, abusive sexual access or act, pimping.
- Against moral integrity: insult or slander
- Against the family: domestic violence, abuse, begging and trafficking of minors, irregular adoption, lack of food assistance, incest.
- Against economic assets: theft, extortion, fraud, fraud, breach of trust, usurpation, damage.
- Against the protection of information and data, against copyright.
- Against public faith: counterfeiting of currency, falsification of documents …
- Against the economic and social order: hoarding, speculation, against the financial system, illegal urbanization, smuggling, money laundering …
- Against natural resources and the environment
- Against public safety: conspiracy to commit a crime, terrorism, threats,
- Against public health: drug trafficking,
- Against democratic participation mechanisms.
- Against the public administration: embezzlement, concussion, bribery, improper conclusion of contracts, prevarication, among others.
- Against the effective and rest delivery of justice: false complaint, the omission of the complaint, false testimony, cover-up, escape of prisoners, among others.
- Against the existence and security of the State
- Against the constitutional and legal regime: rebellion, riot, among others.
Finally, it is important that you know that it has been determined that there are some crimes that can be released, among which are all those crimes that do not exceed 4 years as a prison sentence.
The right to freedom is one of the most important fundamental rights we have. But there are circumstances in which for justified reasons this right should be limited and it is necessary to resort to measures such as confinement in prisons.
More about criminal law
The legal system of the United States is divided into two types of law:
- Civil
- Penal
In a civil case, the person initiates a lawsuit against someone for compensation, usually financial damages. While; in criminal cases, the state initiates an action (called an indictment) against the person believed to have violated criminal law.
The punishment in a criminal case can be less like a small fine or serious like jail time or even death (depending on the state).
In both civil and criminal courts, the person accused of committing a crime is called the “accused.”
When you are charged with a crime, the stakes are high. You will need a good lawyer specialized in criminal law to protect his rights since he is familiar with the ways in which the system works.
Defence attorneys can help you in the following ways:
- Explaining the charges against you.
- Developing strong defence strategies against accusations.
- Arrange statements negotiated with the prosecution.
- Submit the necessary petitions to the courts.
- Being charged under criminal law is serious business and having a dedicated defence attorney can make a huge difference in your results.
Felony and misdemeanours
Each state decides how its criminal law will be (as long as it is constitutional); however, most crimes are categorized as felonies, misdemeanours, or infractions.
A felony is a type of crime and is punishable by death (in some states) or imprisonment for more than one year.
A misdemeanour is milder and the punishment is less than one year in prison.
Lastly, a violation is a minor violation that typically results in a citation or fine rather than imprisonment.
What do you have to prove in criminal law?
Due to the possible loss of liberty, criminal charges carry a greater burden of proof than civil cases. The accused person is presumed innocent, and prosecutors must prove that he committed the crime beyond a reasonable doubt.
In other words, to find a person guilty of a crime, the jury must have no reasonable doubt that the defendant committed the criminal offence – this is the highest burden of proof in American law.
In criminal law, defendants generally do not have to prove anything at trial.
Criminal defence attorneys represent defendants by carefully analyzing evidence, finding holes in the prosecution’s case, identifying constitutional issues, negotiating with prosecutors, and arguing for their clients in hearings and trials.
What happens when one is accused of a crime?
The criminal procedure varies according to the jurisdiction (the authority to administer justice, such as federal or state) in which the person is accused.
- A criminal case generally begins when the prosecutor files a criminal complaint or indictment with the grand jury.
- Once the charges are filed, the cases often continue in a similar fashion.
- Generally speaking, people can expect cases to proceed as follows:
- Charges are filed or the grand jury indicts the person in question.
- The accused is arrested or summoned to appear.
- Initial appearance and determination of the bond.
- Declaration process negotiated between the prosecutor and the defence attorney.
- Petitions are filed, hearings are held.
- Trial by jury or without a jury.
- The verdict is issued.
- A sentence is passed if the accused is found guilty or pleads guilty.
- Post-conviction appeals.
If the accused is convicted, penalties are determined according to the guidelines for establishing penalties at the discretion of the judge. Penalties can be jail time, fines, probation, treatment, or some kind of punishment or program.
If accused of something, remember that you have rights
There are many constitutional protections for the accused of committing a crime.
Even before charges are filed, individuals have constitutional rights that law enforcement officers must respect, including 4th amendment rights against irrational searches and seizures.
The person who has been arrested has the right to speak to a lawyer if requested, to remain silent in case of police questioning, to have his lawyer present at all important stages of the criminal process and, in most cases, to have an attorney appointed to represent you if you cannot afford it.
Criminal defendants are also entitled to due process, which means that the government must follow certain rules and allow defendants to defend themselves before it can take away their freedom, property, etc.
This includes the right to be informed of the nature of the charges brought against you, the right to confront or cross-examine witnesses who testify against you, and the right to a trial by jury or before a judge.
Final tips
Whether a person requests to be appointed an attorney or hires a private attorney, defence attorneys are there to guide defendants through the criminal process and protect their rights in and out of court.
Lawyers request copies of all evidence against their clients from the prosecutor or the police and analyze it to see if their client’s rights were violated. If any rights have been violated, attorneys can file petitions to have the evidence in the case suppressed.
Criminal law attorneys will also negotiate with the prosecutor to try to obtain a more favourable plea offer (may be the removal or reduction of charges) for their client.
If a formal statement is not reached, the attorney will prepare for trial by gathering evidence, taking depositions, filing petitions with the court, and developing an overall strategy.
This article is intended to be helpful and informative, but legal matters can be complicated and stressful. A qualified criminal law attorney can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local criminal law attorney to discuss your particular legal situation.
If you have any questions or comments for us, please let us know!
FAQ on List of reasons to go to jail
What can make you go to jail?
Breaking the law will make you go to jail. The type of offences that will cause your imprisonment are: assault and battery, theft and larceny, threatening the life of a person; gun possession, drug charges, etc.
What are most prisoners in jail for?
Most prisoners are in jail for drug offences, homicide or aggravated assaults, immigration, fraud or extortion.
What crimes get you 6 months in jail?
The following crimes can get you 6 months in jail:
- Trespassing
- Petty theft
- Traffic violations.
Besides staying 6 months in jail you will also have to pay generally $1,000 to $2,000 maximum.
What’s the worst felony?
The wors felony considered is first-degree murder, rape and/or kidnapping. These crimes are considered level 1 felonies.
What is the most common type of crime?
The most common type of crime in the US is theft or burglary, especially motor vehicle theft.
References
Law.cornell.edu
Uscourts.go
Constitutioncenter.org
Govinfo.gov
findlaw.com
