Crimes Against People

In the United States, crimes against people are some of the most serious offenses that can be committed. These crimes can have a devastating impact on victims and their families and often carry severe legal penalties. If you have been accused of a crime against another person, it is crucial to understand your legal rights and options for defense. 

Criminal defense lawyers play a critical role in the criminal justice system, representing defendants in criminal trials and helping to ensure that their rights are protected. According to the National Legal Aid and Defender Association (NLADA), approximately 80% of criminal defendants in the United States rely on public defenders or private criminal defense lawyers for legal representation. 

This page will explore some of the most common crimes against people, including assault, domestic violence, and homicide, and discuss the legal options available to defendants accused of these crimes.

Assault

Assault is a criminal offense involving the intentional use of force or the threat against another person. Assault can take various forms, such as physical violence, verbal threats, or gestures that cause a person to fear for their safety. 

Assault is often defined as an attempt to cause bodily harm to another person or to put them in a situation where they reasonably believe they are in danger. Assault can be classified as either simple assault or aggravated assault, depending on the severity of the offense and the circumstances surrounding the incident.

Victims of assault may suffer from physical and emotional injuries and may need medical attention and other support to recover from the incident.

Burden of Proof for Defense

While the burden of proof falls on the prosecution to prove that the defendant committed the assault, the defense may have a burden of proof to establish certain arguments, such as self-defense or the defense of others.

Self-defense is a legal defense allowing people to use reasonable force to protect themselves from imminent harm or danger. Defense of others is a similar defense that allows a person to use reasonable force to save someone else from imminent harm or danger. 

In both instances, the defense must prove that the defendant or others involved were in imminent danger and that the force used was proportionate to the threat.

Burden of Proof for Prosecution

In a criminal assault case, the burden of proof falls on the prosecution to prove beyond a reasonable doubt that the defendant committed the assault. The prosecution typically presents various evidence, including witness testimony, physical evidence, and other relevant evidence, to help establish the defendant's guilt to meet this burden of proof. In addition, the prosecution must also demonstrate that the defendant acted with the requisite intent to commit the assault, such as the intention to cause bodily harm or put the victim in fear of injury.

Aggravated Assault

Aggravated assault is a more severe form of assault that involves using a deadly weapon or the intent to cause serious bodily harm to another person. The specific elements of aggravated assault can vary depending on the jurisdiction and the particular circumstances of the offense. However, some common factors that can elevate assault to aggravated assault include the following:

• The use of a deadly weapon, like a gun or knife, during the assault

• The intent to cause serious bodily harm, such as permanent disfigurement or disability, or a substantial risk of death

• The assault occurs during the commission of another crime, such as a robbery or sexual assault

Aggravated assault carries more severe penalties, including longer prison sentences and higher fines, than simple assault.

Burden of Proof for Defense

Like simple assault, the defense may need to prove self-defense or defense of others. Both of these examples require the defense to verify that the defendant used reasonable force to defend themselves or others and that the force used was proportionate to the threat faced. 

Burden of Proof for Prosecution

In a criminal aggravated assault case, the burden of proof falls on the prosecution to prove beyond a reasonable doubt that the defendant committed the assault with specific aggravating factors, such as using a deadly weapon or the intent to cause serious bodily harm. 

Similar to a criminal assault case, the prosecution in an aggravated assault case usually presents evidence in the form of witness testimony and physical evidence to help establish the defendant's guilt. In addition, the prosecution must also demonstrate that the defendant acted with the specific intent required to prove an aggravated assault, such as the intention to cause serious bodily harm or to use a deadly weapon during the assault.

Domestic Violence

Domestic violence is any violent behavior between individuals in a close relationship, such as spouses, partners, family members, or household members. Domestic violence can include a wide range of abusive behaviors, including physical violence, sexual violence, emotional abuse, and financial abuse. 

Domestic violence is a serious crime that can have devastating consequences for the victim and any children involved. It can also result in criminal charges for the perpetrator, including assault, battery, stalking, or harassment.

In many jurisdictions, domestic violence is treated as a separate category of crime and is subject to enhanced penalties. This is because domestic violence is often a pattern of behavior intended to exert control and power over the victim and can escalate in severity over time. Enhanced penalties may include mandatory arrest or prosecution, protective orders or restraining orders, and longer prison sentences or higher fines.

Burden of Proof for Defense

In a criminal domestic violence case, the defense may have a burden of proof to establish self-defense or lack of intent. 

Like assault cases, self-defense can be used in domestic violence cases. The defense must prove that the defendant believed they were in imminent danger or harm from the alleged victim and that the force used to defend themselves was proportionate to the threat faced. 

Lack of intent is another defense that may be used in a domestic violence case. In this case, the defense is burdened to prove that the alleged acts of violence were accidental or unintentional.

Burden of Proof for Prosecution

The prosecution must present substantial evidence to convince the judge or jury that there is no reasonable doubt that the defendant committed the offense. 

Similar to assault cases, the prosecution will typically present various forms of evidence, including witness testimony, physical evidence, and other relevant evidence that can help establish the defendant's guilt. The prosecution must also demonstrate that the defendant acted with the specific intent required to prove domestic violence, such as an intention to harm, threaten, or intimidate the victim.

Harassment

Harassment involves intentionally or repeatedly engaging in behavior designed to harass, annoy, or alarm another person. The behavior may include physical actions, such as following or touching someone without their consent, or verbal actions, such as making threats, using offensive language, or repeatedly contacting someone through phone calls, emails, or social media. 

Harassment can take many forms and may be motivated by various factors, including race, gender, sexual orientation, or personal animosity. In general, harassment is considered a crime when it causes a person to feel intimidated, threatened, or afraid for their safety.

Burden of Proof for Defense

In a criminal harassment case, the burden of proof for the defense may be to establish a lack of intent or mistaken identity. 

Lack of intent may be used in a harassment case to prove that the alleged acts were unintentional or accidental. At the same time, mistaken identity tries to confirm that the defendant was not the person who engaged in the alleged acts of harassment. 

Burden of Proof for Prosecution

The prosecution must prove beyond a reasonable doubt that the defendant committed the alleged acts of harassment. The prosecution will present evidence, including witness testimony and physical evidence, to help establish the defendant's guilt to meet this burden of proof. The prosecution must also show the defendant acted with the specific intent required to prove harassment, such as an intention to cause emotional distress, fear, or anxiety in the victim.

Hate Crimes

A hate crime is a criminal offense motivated by bias or prejudice against a particular individual or group based on race, ethnicity, religion, sexual orientation, gender identity, disability, or other protected characteristics. The critical element that distinguishes a hate crime from a regular crime is the bias or prejudiced motivation behind it.

Hate crimes can take many forms, such as assault, vandalism, harassment, or murder. The motivation for the crime is often communicated through the use of hate speech or symbols. 

These crimes are considered particularly egregious because they harm the individual victim and send a message of fear and intimidation to the broader community that shares the same protected characteristic. As a result, hate crimes are treated more severely than similar offenses that are not motivated by bias or prejudice.

Burden of Proof for Defense

In a hate crime case, the burden of proof for the defense is the same as in any criminal case, establishing that the prosecution has not met its burden of proving guilt beyond a reasonable doubt. 

However, the defense may have an additional burden of proof if it presents an affirmative defense, such as claiming self-defense or lack of intent. In such cases, the defense must present evidence to support its affirmative defense. The burden of proof would shift to the defense to prove the affirmative defense by a preponderance of the evidence. 

Burden of Proof for Prosecution

The burden of proof for the prosecution in a hate crime case is to prove the defendant's guilt beyond a reasonable doubt. In addition, the prosecution must present sufficient evidence to prove each element of the charged hate crime. 

In a hate crime case, the prosecution must prove that the defendant committed the underlying criminal offense (such as assault, vandalism, or murder) with the specific intent to target the victim based on a protected characteristic, such as race, ethnicity, religion, sexual orientation, or gender identity. In addition, the prosecution must show that the defendant's bias or prejudice against the victim's protected characteristic was a motivating factor in committing the crime. 

To establish the defendant's guilt, the prosecution typically presents evidence to support its case, like physical evidence and witness testimony. In a hate crime case, the trial may also present evidence of the defendant's past statements or actions demonstrating bias or prejudice towards the victim's protected characteristic. 

Homicide

In a criminal context, homicide is typically classified into different categories depending on the intent and circumstances surrounding the killing. For example, murder is a type of homicide committed with the intent to kill or reckless disregard for human life. Manslaughter is another type of homicide that is typically charged when the killing is committed in the heat of passion or under circumstances that do not meet the criteria for murder. 

In addition, homicide can also be classified as either justifiable or unjustifiable. Justifiable homicide is a killing that is legally permitted under certain circumstances, such as in self-defense. Unjustifiable homicide, on the other hand, is a killing that is not legally justified or excused and can result in criminal charges and legal penalties. 

Burden of Proof for Defense

In a criminal case involving homicide, the burden of proof is on the prosecution to prove beyond a reasonable doubt that the defendant committed the crime. 

The defense, on the other hand, is not required to prove anything. However, if the defense wishes to challenge the prosecution's case, they may present their own evidence or arguments that raise doubt about the prosecution's evidence or the circumstances of the crime. The defense may also argue that the prosecution has failed to meet its burden of proof and that the evidence presented does not support a finding of guilt beyond a reasonable doubt. 

Burden of Proof for Prosecution

The prosecution must prove several elements to secure a conviction in a homicide case, depending on the specific charge. For example, in a murder case, the prosecution must prove that the defendant intended to kill or acted with reckless disregard for human life and that the killing was premeditated or committed during the commission of another serious crime. In a manslaughter case, the prosecution must prove that the defendant acted with negligence or recklessness and that their actions resulted in the death of another person.

Kidnapping

Kidnapping is the unlawful taking or transportation of a person without their consent by force, threat, fraud, or deception. It is considered a serious criminal offense and is typically prosecuted as a felony. Kidnapping can involve:

• Holding a person against their will

• Taking them to a different location

• Using them as leverage to obtain a ransom or other payment

The severity of the offense can vary depending on the specific circumstances of the case, including the victim's age, the duration of the captivity, and whether or not the victim was physically harmed or threatened with harm.

Burden of Proof for Defense

In a criminal kidnapping case, the burden of proof for the defense is to establish reasonable doubt as to whether the defendant committed the crime. To do so, the defense may construct its case around proof of consent or lack of intent. 

In the case of consent, the defense may argue that the victim willingly went with the defendant and consented to the transportation or confinement. On the other hand, if the defense constructs its case around lack of intent, they may argue that the defendant's actions were not unlawful or did not intend to cause harm or hold the victim against their will.

Burden of Proof for Prosecution

For the prosecution, the burden of proof is to prove the defendant's guilt beyond a reasonable doubt. The prosecution must prove each element of the crime of kidnapping to meet this burden. This can vary by jurisdiction but generally involves the following details:

• The defendant took, confined, or transported the victim

• The defendant did so without the victim’s consent

• The defendant used force, threat, fraud, or deception to take, confine, or transport the victim

• The defendant acted with the intent to commit a separate crime, such as ransom or sexual assault, or acted with reckless disregard for the victim's safety or well-being.

Stalking

Stalking involves a pattern of unwanted and harassing behavior directed at a specific person and causes the victim to feel fear or emotional distress. The behavior may include following, spying, threatening, and harassing the victim in person or through electronic communication or social media. 

Stalking is a serious crime that can escalate to physical violence, sexual assault, or other criminal acts. Someone with a personal relationship with the victim, such as an ex-partner or former acquaintance, is often the perpetrator. 

Burden of Proof for Defense

While the burden of proof lies with the prosecution to prove the defendant's guilt, the defense can present evidence and arguments to refute the prosecution's case and raise a reasonable doubt about the defendant's guilt. For example, the defense may argue that the defendant's behavior did not rise to the level of stalking, that the behavior was not directed at the alleged victim, or that the conduct was not intended to cause fear or emotional distress.

The defense may also present evidence that the alleged victim consented to or invited the defendant's behavior or that the defendant's conduct was justified under the circumstances. 

Burden of Proof for Prosecution

The prosecution must demonstrate that the defendant engaged in the course of conduct that caused the victim to feel threatened to prove stalking. Additionally, they must prove that the defendant knew or should have known that their behavior would cause the victim to feel fear or emotional distress. The prosecution must also establish that the conduct was not reasonable or necessary under the circumstances.

Legal Resources for Defendants

If you have been accused of a crime, it can be a challenging and overwhelming experience. Fortunately, legal resources are available to help you navigate the criminal justice system and defend your rights. This list will highlight some of the most helpful legal resources for defendants, including the Legal Services Corporation, state bar associations, and local law libraries. By utilizing these resources, defendants can access legal advice, representation, and research materials that can help them build a solid legal defense and protect their rights.

Legal Services Corporation

The Legal Services Corporation (LCS) can be a helpful legal resource for defendants who cannot afford an attorney. LSC is a nonprofit organization that funds legal aid organizations across the United States. These organizations provide free or low-cost legal services to people who are low-income, elderly, disabled, or otherwise unable to afford an attorney. 

It is important to note that the availability and quality of legal services may vary depending on the location and the legal aid organization. Therefore, defendants should carefully research their options before choosing a legal aid organization or representing themselves in court.

State Bar Associations

State bar associations can provide several valuable resources to defendants accused of a crime. These include lawyer referral services, information on legal rights and the criminal justice system, and legal aid programs for low-income individuals. Bar associations may also provide access to legal search tools and other resources to help defendants prepare for their cases. 

To find your state's bar association, you can search online by entering the name of the state where you live, followed by the words "state bar association." Alternatively, you can locate your state's bar association by visiting the American Bar Association (ABA) directory.

Local Law Libraries

Local law libraries can provide access to a wide range of legal resources, including books, journals, databases, and legal forms, to help defendants research the law and prepare for their cases. Additionally, law libraries may offer assistance from librarians, workshops on legal topics, and networking opportunities with legal professionals. 

To find your local law library, you can search online by entering the name of your city or county followed by the words "law library." You can also visit the American Association of Law Libraries (AALL) Member Directory and search for law libraries by location or name.