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Topic: Offense (law)

	[No title]
		As is discussed in the next section, whether a defense is a failure of proof defense or an offense modification may depend on the form in which it is drafted.
		Unlike failure of proof and offense modification defenses, justification defenses are not alterations of the statutory definition of the harm sought to be prevented or punished by an offense.
		Both have the effect of declaring that while the elements of the offense are satisfied, the actor's conduct is not in fact prohibited and condemned by the criminal law.
	www.law.upenn.edu /fac/phrobins/defenses.html (8289 words)

	Cr01-923
		From the date of passage of Act 1077 of 1999, a conviction of a DWI offense would be enhanced by the showing of a prior DWI conviction within five years of the date of the occurrence of the new offense.
		We upheld the law, reasoning that the enhanced penalty "is not for the first or second offense, but is for the third offense, which is considered as aggravated by reason of the preceding offenses." Id.
		He repeated the DWI offense on February 26, 2000, thereby subjecting himself to an enhanced sentence under the 1999 amendment, which was in effect at the time of his second offense.
	courts.state.ar.us /opinions/2002a/20020307/cr01-923.html (2442 words)

	Megan's Law Title 2C:7-1 through 7-ll
		Upon a change of address, a person shall notify the law enforcement agency with which the person is registered and must re-register with the appropriate law enforcement agency no less than 10 days before he intends to first reside at his new address.
		on the basis of a conviction for an offense similar to an offense enumerated in paragraph (2) of subsection b.
		Law enforcement agencies in this State shall be authorized to release relevant and necessary information regarding sex offenders to the public when the release of the information is necessary for public protection in accordance with the provisions of P.L.1994, c.128 (C.2C:7-6 et seq.).
	www.njlawnet.com /title2c_7-1.html (2137 words)

	Brooks v. State (Per Curiam) CR96-771
		Prior to submission of the case to the jury, Brown requested that the jury be instructed on the offense of second-degree murder on the basis that it was a lesser-included offense of capital felony murder.
		In contrast, it is settled law that felony murder simply requires that a death be caused in the course of committing a felony.
		Where the indictment for a greater offense does not contain allegations of all the ingredients of the lesser offense, a conviction of the lesser cannot be sustained, even though the evidence may supply the missing element.
	courts.state.ar.us /opinions/1996a/960916/cr96-771.html (1563 words)

	Petitioned Status Offense Cases (Site not responding. Last check: 2007-10-27)
		The four major status offense categories analyzed here are running away, truancy, ungovernability (sometimes known as incorrigibility or being beyond the control of one's parents), and liquor law violations (minor in possession of alcohol, underage drinking).
		Law enforcement agencies referred 93% of status liquor law violation cases, 28% of cases of running away, 11% of ungovernability cases, and 5% of truancy cases.
		Of the estimated 9,900 petitioned status offense cases that involved detention in 1995, 29% were cases of running away, 25% involved liquor law violations, 13% involved ungovernability charges, 7% were truancy cases, and the remaining 26% involved miscellaneous status offenses.
	ojjdp.ncjrs.org /jjbulletin/jjbul_498/petition.html (984 words)

	Juvenile Justice Bulletin -- October 2000 -- Offenders in Juvenile Court, 1997 (Site not responding. Last check: 2007-10-27)
		In 1997, roughly one in five status offense cases that came to the attention of juvenile court intake or child welfare agencies was formally processed by the courts.
		Law enforcement agencies, the most likely referral source, referred 47% of the petitioned status offense cases processed in juvenile courts in 1997, compared with 85% of delinquency cases.
		Law enforcement agencies were more likely to be the referral source for status liquor law violation cases (94%) than for other status offense cases, including running away (40%), truancy (8%), and ungovernability (11%).
	www.ncjrs.org /html/ojjdp/jjbul2000_10_3/page6.html (1017 words)

	Virginia Sex Offense Maryland Sexual Internet Minor Solicitation Assault Child Pornography VA MD MA Massachusetts
		Legal representation is critical in sex crimes cases because with the social sentiment following anyone accused of a sex crime, you need a sex offense law attorney who is not affected by public opinion, and who can advise you of rights and protections you may be unaware of.
		A sex offense law lawyer of the Law Offices of SRIS, P.C. will question every part of the charge to force the prosecution to prove every element of its sex offense case.
		The sex offense law attorneys of SRIS, P.C. pledge to give relentless, aggressive representation to challenge every facet of the case so that you have the best defense possible.
	www.srislawyer.com /PracticeAreas/SexOffenses.asp (730 words)

	NE Law Express (Site not responding. Last check: 2007-10-27)
		In the first step, a court is to analyze the elements of both crimes at issue to determine whether the lesser offense is a lesser-included offense of the greater offense.
		If the lesser offense is found to be a lesser-included offense, a court thereafter goes on to the second part of the Williams test and determines whether an instruction on the lesser-included offense is justified based on the evidence at trial.
		The Supreme Court focused its analysis of the appeal on two questions presented: (1) Whether the county court correctly determined that the appointment was not made in compliance with the law and (2) what was the correct procedure for removing a personal representative for noncompliance within the statutory requirements of the application process.
	www.nebar.com /resources/nelawexpress/scjournals/2001sc/scfeb23.htm (9854 words)

	Ratified Law Enforcement Bills
		Adjusts the average salary of law enforcement officers in the Division of Parks and Recreation from $25,809 to $30,097, which is the average salary of law enforcement officers in the Division of Marine Fisheries and the Wildlife Resources Commission.
		Law enforcement officers, firefighters, or paramedics who believe the seriously injured individual may be near death, and hospital personnel after a person has died, must attach a body information tag to the accident-trauma victim identifying whether the individual is an organ donor, and providing any information on the next of kin.
		Under previous law, the law enforcement agency was required to destroy the confiscated weapons and could not be awarded the weapons by the judge for agency use.
	www.jus.state.nc.us /NCJA/alpleg2.htm (6202 words)

	law.com - Decision
		Rivera argued that the selection of base offense level 36 (under offense guideline § 2D1.1) was impermissible under Amendment 591 because it was made on the basis of the judge's finding of drug quantity--a finding that the jury did not make--rather than on the basis of the conduct underlying the offense of conviction.
		Where there is more than one base offense level within a particular guideline, the determination of the applicable base offense level is treated in the same manner as a determination of a specific offense characteristic.
		Third, the Commentary to Amendment 591 explains that the Amendment is a reaction to case law that selected an offense guideline based on actual conduct not underlying the offense of conviction.
	www.law.com /jsp/decisionstate.jsp?id=1022954284459 (1066 words)

	Offense - Wikipedia, the free encyclopedia
		Look up offense in Wiktionary, the free dictionary.
		Offense (law), a violation of the penal law
		This is a disambiguation page — a list of pages that otherwise might share the same title.
	en.wikipedia.org /wiki/Offense (82 words)

	Colorado Traffic Infraction vs. Criminal Offense - Gustafson Law Office
		Whenever a county reduces a traffic offense, the reduced offense and the points assessed for such reduced offense shall conform to the point assessment schedule under subsection (5) of this section.
		Traffic offenses are criminal charges and generally carry the possibility of jail in addition to fine, court costs, points and other conditions as may be specified by statute or are reasonably related to rehabilitation.
		Petty offenses are crimes or offenses punishable not in excess of imprisonment for six months and a fine of not more than $500, or a combination of imprisonment and fine within such limits.
	www.gustafsonlaw.com /Traf-Infraction.htm (5612 words)

	Filed Senate Conference Committee Report, House Bill 1525
		Makes the offense of resisting law enforcement a Class D felony instead of a Class A misdemeanor if, while committing the offense, a person draws or uses a deadly weapon or inflicts bodily injury on another person.
		Makes the offense a Class C felony if: (1) a person uses a vehicle to flee from a law enforcement officer; or (2) while committing the offense, a person operates a vehicle in a manner that creates a substantial risk of bodily injury to another person or causes serious bodily injury to another person.
		However, the offense is a Class C felony if the article is a controlled substance or a deadly weapon.
	www.state.in.us /legislative/bills/2003/SCCF/CC152504.001.html (1124 words)

	washingtonpost.com: Court to Rule on Sex Offense Law
		Setting the stage for a major review of sex offender registry laws across the country, the Supreme Court announced today that it will rule on a constitutional challenge to a state law that requires convicted sex offenders' names, addresses and photographs to be posted on the World Wide Web.
		Doe, No. 01-729, in which former sex offenders claim that that state's publication of their personal data on the Internet is a form of unconstitutional additional punishment on top of the jail sentences they have already served.
		The laws are known as Megan's laws because they were enacted in response to the case of Megan Kanka, a New Jersey girl who was raped and killed in 1994 by a convicted sex offender whose criminal history was unknown to her parents.
	www.washingtonpost.com /ac2/wp-dyn/A44605-2002May20?language=printer (452 words)

	San Diego Criminal Defense - Drug Offense Law (Site not responding. Last check: 2007-10-27)
		Most drug offenses are charged as felonies, which could subject you to jail or prison.
		An experienced attorney may be able to either get the charges dismissed, reduced to a lesser offense, negotiate a deal that will keep you out of jail or prison, or get you into one of the drug diversion programs.
		This statement is not intended to be a correct statementof law in your jurisdiction.
	www.sandiegocriminaldefense.com /drugoffenseFAQ.html (443 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		(2) a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.
		(c) Although an actor's mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.
		(b) In a prosecution for an offense that does not constitute a felony, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force.
	caselaw.lp.findlaw.com /txcodes/pe000800.html (1056 words)

	NE Law Express (Site not responding. Last check: 2007-10-27)
		The NE Law Express is available to members of the Nebraska State Bar at no additional charge.
		Looking to the statutory elements of the crimes at issue, the Court engaged in a comparison of the criminal statutes to determine if it was impossible to commit the greater offense without at the same time committing the lesser offense.
		Looking to case law and logically drawing out the statutory language, the Court found that the first step in the analysis pursuant to Williams, was satisfied.
	www.nebar.com /resources/nelawexpress/CoAJournals/2001coa/coaoct16.htm (2130 words)

	House and Senate unanimous in toughening sex-offense law (Site not responding. Last check: 2007-10-27)
		He promised to wear it until the bill became law or the session ended.
		Under the bill, the minimum prison sentence for a violent sexual assault on a child under 12 would be 10 years in prison.
		The legislation prohibits those convicted of sex offenses against children under 12 from working or loitering near schools or daycare facilities.
	www.decaturdaily.com /decaturdaily/news/050727/sex.shtml (385 words)

	SFPD: Megan's Law
		Megan's Law is named after seven-year-old Megan Kanka, a New Jersey girl who was raped and killed by a known child molester who had moved across the street from the family without their knowledge.
		Thanks to toughened California laws requiring annual registration, and making it a felony in some cases not to do so, it is estimated that the majority of California's registered sex offenders are in compliance with the registration requirement.
		A. The decision to disseminate information has been given to the local law enforcement agencies within the parameters of the Megan's Law statute because they are best positioned to determine what level and method of notification is appropriate for their community.
	www.sfgov.org /site/police_index.asp?id=20202 (1254 words)

	VCiela Virtual Law Library: Law Crimina Law-Basic Overview
		Common Law Defined: When lawyers and judges speak of "common law," they may mean either the law as it existed during the Common Law period in England or law that is derived from a process of judicial development.
		In addition, because some codes are simply codifications of the previously-existing common law doctrine, ambiguity in code language that calls for an examination of the drafters' intent may require review of the cases in which the doctrine was developed.
		Similarly, the common law cases may be referred to because they tend to explain the rationale behind the original rule, where the codification of the rule frequently does not.
	www.vcielaw.com /LawLib_Criminal_Law_Basic_Overview.htm (917 words)

	US CODE: Title 18,1028. Fraud and related activity in connection with identification documents, authentication ... (Site not responding. Last check: 2007-10-27)
		(D) an offense under paragraph (7) of such subsection that involves the transfer or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating $1,000 or more during any 1-year period;
		(2) the offense is an offense under subsection (a)(4) of this section; or
		Attempt and Conspiracy.— Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
	www4.law.cornell.edu /uscode/18/1028.html (1605 words)

	Office on Violence Against Women - Text of Aimee's Law, Division C of Victims of Trafficking and Violence Protection ... (Site not responding. Last check: 2007-10-27)
		(1) DANGEROUS SEXUAL OFFENSE.--The term ''dangerous sexual offense'' means any offense under State law for conduct that would constitute an offense under chapter 109A of title 18, United States Code, had the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison.
		(A) the average term of imprisonment imposed by the State on individuals convicted of the offense for which the individual described in paragraph (1) or (2), as applicable, was convicted by the State is less than the average term of imprisonment imposed for that offense in all States; or
		For purposes of subparagraph (B), in a State that has indeterminate sentencing, the term of imprisonment to which that individual was sentenced for the prior offense shall be based on the lower of the range of sentences.
	www.ojp.usdoj.gov /vawo/laws/vawo2000/aimee.htm (677 words)

	Merriam-Webster Online
		implies an offense against moral or religious law .
		implies a serious offense punishable by the law of the state .
		applies to an offense that outrages the public conscience .
	www.m-w.com /cgi-bin/dictionary?book=Dictionary&va=offense (353 words)

	Sentencing Law and Policy: Drug Offense Sentencing
		From this post at The Connecticut Law Blog, I see this disappointing news that Connecticut Governor M. Jodi Rell on Thursday vetoed a bill that would have reduced the criminal penalties for possession of crack cocaine and equalized them with those for powder cocaine.
		For example, law enforcement is most effective in the early stages of a drug epidemic, when relatively fewer suppliers are available and suppressing the supply is easier.
		If you take a matrix to factor offense severity, overlay it with mandates born of popular outrage, and tailor it purportedly to address almost every eventuality, you get "justice" dictated in advance, marked by visceral condemnation, and based on the pretense of omniscience.
	sentencing.typepad.com /sentencing_law_and_policy/drug_offense_sentencing (8000 words)

	mpc
		(b) the law provides that the state of mind established by such ignorance or mistake constitutes a defense.
		(2) Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he supposed.
		In such case, however, the ignorance or mistake of the defendant shall reduce the grade and degree of the offense of which he may be convicted to those of the offense of which he would be guilty had the situation been as he supposed.
	www.fordham.edu /law/faculty/denno/mpcengine/204.html (244 words)

	Spokane, Washington Drug Offense Law Firm Defense Attorneys (Site not responding. Last check: 2007-10-27)
		When you are charged with a drug possession or some other drug offense, the drugs or narcotics involved in the offense are those classified as having a potential for abuse, and include such drugs as cocaine, heroin, marijuana, special k (ketamine), and methamphetamines.
		By entering a plea to a drug offense, you spend the rest of your life having to explain your criminal record.
		Many valid defenses to drug offenses are lost because someone entered a plea to a drug offense that could have been defended.
	www.robertcossey.com /CM/Custom/TOCFelonyDrugOffenses.asp (322 words)

	Drug Offense Law, by Michael J. Rocque, Esq., Fort Lauderdale, FL
		Being arrested for a drug offense doesn't have to be a terrible experience that destroys the offender's life and family.
		Unfortunately the opportunities available to resolve one's cases who's been arrested for drugs depend on what the actual charge is, the number of priors the person has, the jurisdiction where they were arrested, as well as the treatment programs available and the attorney who assists them in resolving their legal matters.
		All in all, drug offenses in the State of Florida are considered serious and are treated that way, however, there are a number of options available to people who are arrested and charged with drug offenses.
	www.cafelaw.com /drug.html (702 words)

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