Crime FAQS

What is a crime?

A crime is the commission or omission of an act in violation of a public law that forbids or commands it. It is an offense against the sovereignty; a wrong that the government deems injurious not only to the victim, but also to the public at large, and is punishable by the government.  It becomes a violent crime when there is an attempted or threatened use of physical force against any person or property.  Misdemeanors and felonies are sometimes considered crimes.  The term in more limited sense includes only the more serious offenses like crimes of violence or crimes of reckless driving or driving under the influence that cause personal injury.

What is the difference between a crime and a tort?

A wrongful act may sometimes constitute both a crime and a tort.  A crime is an offense against the public that is punishable in the government’s name.  A tort is a private injury that is pursued by the injured party.

What are the elements and requisites of crime or criminal act?

Even though a statute declares an act unlawful, the act does not constitute a crime if no penalty is prescribed.  To constitute a crime there must be a specified punishment for the act upon conviction.  Accordingly, the failure or refusal to perform a contractual obligation constitutes the mere neglect of a legal duty and is not a crime.  Likewise, an immoral or reprehensible act will not warrant conviction as a crime unless made so by a statute, ordinance, or regulation. 

What is a felony?

A felony is a serious crime punishable by death or imprisonment in excess of one year.  A felony is more severe than a misdemeanor, which is a crime punishable with a fine or imprisonment for a period of less than one year.

Is concealing a felony an offense?

Yes.  The act of concealing a felony is an offense if a person having knowledge of the actual commission of a felony conceals it and does not makes it known to civil or military authorities. The offense of concealing a felony is punishable with a fine or imprisonment of not more than 3 years, or both.

What defenses are available to a person charged with a crime?

The law sanctions many defenses to a person charged with a crime.   An accused has the right to utilize any or all of the defenses in his or her behalf and to present as many defenses as possible to safeguard himself or herself.  A case may be defended based upon the lack of evidence or the violation of procedure. Legal defenses may include an alibi or misidentification, self-defense, and entrapment.  A criminal attorney can assist you to determine the best defenses and strategy applicable to your situation.

What is entrapment?

Entrapment is defined as an inducement of one to commit a crime not contemplated by the person, for the mere purpose of instituting a criminal prosecution against that person.  It is trickery, persuasion, or fraud by a law enforcement officer who conceives and plans an offense, and causes the commission of that offense by a person who would have been otherwise responsible for the offense.

What is an arraignment?

This is a procedure to bring an accused before a court, to notify the person by reading an information or indictment of the charges against that person, and to ask for his or her plea. This is not the first step in a criminal trial where the prosecuting attorney reads the charge sheet to the jury.  In some jurisdiction, an arraignment is not necessary in misdemeanor cases.

What is the statute of limitations for a criminal act?

A statute of limitations describes the period of time in which a crime must be prosecuted after its commission. In North Carolina, there is no statute of limitation for felony offenses, but a two-year statute of limitation applies for misdemeanors. 

What are the differences between an assault and a battery?

An assault is when a person, without lawful authority, engages in a conduct that puts another person in reasonable apprehension of receiving a battery.  A battery occurs when a person intentionally or knowingly causes bodily harm to another person or makes physical contact that insults or provokes the victim.  Words alone are not usually enough to constitute an assault. 

Can a police officer arrest a person without a warrant?

Yes, a person can be arrested without a warrant when an officer has reason to believe that the person has committed or is committing a criminal offense (a misdemeanor or felony).