01 Sep What Is the Definition of a Criminal Act in Arizona?
To convict someone of a crime in Arizona, the prosecution must meet a burden of proof. This includes proving that the defendant’s actions meet the definition of a crime.
In criminal law, a crime can be broken down into four different elements: criminal acts, criminal intent, concurrence, and causation. Without all of these elements, a defense lawyer may argue that the charges are not punishable.
Your understanding of the individual elements of a crime can make building your case easier for you and your lawyer. Let’s take a look at how the state of Arizona defines a criminal act.
Criminal Acts vs. Criminal Intent
According to Arizona law, a criminal act and the intent to commit a crime are two very different things. Intent is the mental objective behind an action, while a criminal act is any physical action that is considered illegal.
For example:
You are in a bar and you notice your partner on the dance floor with another person. With the intention of hurting your partner, you throw a beer bottle and hit them in the head.
In this example, the criminal act is throwing a bottle at another person, while the criminal intent is the desire to cause pain.
What Is the Definition of a Criminal Act in Arizona?
A criminal act is any action (like throwing a bottle) or omission (like refusing to provide care to a child) that is forbidden by law. Also known as actus reus, these acts or omissions can be punishable by fines, fees, restitution, and/or incarceration.
The criminal act must be voluntarily committed to be deemed a criminal act. Crimes committed under coercion or duress are still considered criminal acts, as you needed to agree to do them, however, it is an affirmative defense. The things you say can also be considered criminal acts, so verbal threats, perjury, and solicitation are also punishable under the law.
How Are Criminal Acts Punished?
In Arizona, a crime can be either a misdemeanor (minor crime) or a felony (major crime). Both misdemeanor and felony crimes are divided into several different classes, each with its own minimum and maximum penalties.
A conviction can land you time in jail or prison, and paying for fines, fees, or restitution. The punishment for a crime is up to the judge, so sentencing will vary from case to case. Penalties can range from a small fine all the way up to a lifetime in prison. This is one of the reasons why you need a strong defense attorney if you are ever facing criminal charges.
If You Have Been Charged with a Crime, You Need an Attorney
The definition of a criminal act sounds deceptively simple—any illegal action constitutes a crime. However, every action has shades of gray, which is why the courts rely on more than just the definition of criminal acts. The judge will also consider criminal intent, along with the specific circumstances of each case.
A good lawyer will examine every angle to build a strong defense. Todd Coolidge is a certified defense lawyer with 25 years of experience as well as terrific testimonials and a personal philosophy that makes his firm the best in the business. Hiring the right law team could be the difference between spending time behind bars or walking free.
If you are facing criminal charges, don’t leave your defense up to any other lawyer. Contact Todd Coolidge today for a consultation on your case.
Images used under creative commons license – commercial use (9/1/24). Photo by Alejo Reinoso on Unsplash.