Violent Crimes

Violent Crimes

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Violent crimes cover everything from spitting on someone (simple battery) to planning a murder.  Violent crimes also cover killing someone in the sudden heat of passion after they seriously provoked you or even attempting to injure or hurt someone.

Violent crimes

  • Battery:intentionally causes substantial physical harm or visible bodily harm to another
    • Penalties: If second offense against the same victim, then 10 days to 12 months in jail and/or up to $1,000 fine.  Third or subsequent offense against same victim, then 1 year to 5 years in jail (the judge can suspend all but 10 days jail).  Second or subsequent offense against family member, then 1 year to 5 years in jail
  • Simple Battery:(1) makes physical contact of an insulting or provoking nature to another person, or (2) causes physical harm to another person
    • Penalties:Misdemeanor
  • Aggravated Battery:maliciously causes bodily harm to another by depriving them of a body part, by making their body useless, or by seriously disfiguring their body or body part(s)
    • Penalties:1 year to 5 years in jail.  If the victim is a family member, then 3 years to 20 years in jail.  If the victim is 65 years or older, a public transit employee, student or school employee, then 5 years to 20 years in jail.  If the victim is a peace officer or correctional officer, then 10 years to 20 years in jail
  • Simple Assault:(1) attempts to commit a violent injury to another person, or (2) commits an act which places another person in reasonable apprehension of immediately receiving a violent injury
    • Penalties:Misdemeanor
  • Aggravated Assault:assaults (1) with the intent to murder, rape, or rob, (2) with a deadly weapon which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) drive-by without legal justification.
    • Penalties: 1 year to 20 years in jail, except if it’s a drive-by.  If it’s a drive-by and the victim is a peace officer or correctional officer or use of a firearm in/on school, then 5 years to 20 years in jail.  If the victim is 65 years or older, a public transit employee, student or school employee, or family member (except siblings), then 3 years to 20 years in jail.
  • Cruelty to Children:
    • First Degree: Parent or guardian supervising a child under 18 willfully deprives the child of necessary sustenance to the extent that the child’s health or well-being is jeopardized or maliciously causes a child under 18 excessive physical or mental pain
    • Second Degree: when a person with criminal negligence causes a child under 18 cruel and excessive physical or mental pain
    • Third Degree: (1) when a person causes a child, who is the primary aggressor, intentionally allows a child under 18 to witness a forcible felony, battery, or family violence battery; or (2) person, who is the primary aggressor, having knowledge that a child under 18 is present and hears or sees the act, commits a forcible felony, battery, or family violence battery
  • Cruelty to Children Penalties:  
    • First Degree: 5 years to 20 years in jail
    • Second Degree: 1 year to 10 years in jail
    • Third Degree: Misdemeanor.  If third conviction or more, then 1 to 3 years in jail and/or $1,000 to $5,000 fine.
  • Voluntary Manslaughter:causes the death of another human being as the result of sudden passion caused by serious provocation that is sufficient to excite such passion in a reasonable person.  If there was delay between the provocation and killing and there was time to reason, then it’s deliberate revenge and punished as murder
    • Penalties:1 year to 20 years in jail
  • Involuntary Manslaughter:causes the death of another human being without any intention to do so during illegal activity other than a felony
    • Penalties:If the death occurred during an illegal activity, then 1 year to 10 years in jail.  If legal activity, then misdemeanor.
  • Felony Murder:during a felony, causes the death of another human being regardless of malice
    • Penalties: Life imprisonment with or without parole or death penalty

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