Criminal law, also known as penal law, is a widely practiced aspect of law worldwide; it’s concerned with the system of law related to the punishment of offenders. Several criminal offenses ranged from assault and battery to arson and robbery. The purpose of criminal law is to curtail these acts.
Crimes have been on the increase in recent times, and lawyers are necessary to checkmate defaulters of the law. The practice and process of handling criminal cases are very delicate and detailed, requiring only the best Melbourne criminal lawyers in the field.
Different states have different criminal laws and penalties guiding them. Two major types of criminal laws are universal, and in the course of this article, we’d be carefully dissecting them to aid in easier understanding.
Types of Criminal Law
As we mentioned earlier, criminal law is concerned with crimes and offenders of the law, but all crimes aren’t on the same level, hence the division of the two types. The main difference between these two is the punishment meted out afterward.
- Felonies: The crimes committed in felonies are usually very heavy and damaging. The penalty for this act is usually over one year of imprisonment or more, and death. Some examples of a felony are rape, murder, burglary, arson, and kidnapping.
- Misdemeanors: They are considered less severe than felonies; the actions committed in misdemeanors are of lesser consequences. The penalty for misdemeanors is usually jail time below one year. Some examples of misdemeanors are disorderly conduct, driving under the influence, breaking traffic rules, vandalism, and indecent exposure.
Types of Criminal Punishment
Criminal punishment is an authorised act used to sanction criminal offenders of the law. Below are some of them
Restitution: This replaces an item that had been taken or stolen back to its original owner. However, it’ll mean repaying or compensating for loss or injury in a judicial situation. Injury, in this case, means the damage caused and suffered by the person due to the offender’s act or negligence.
Monetary Fines: This is a certain amount of money that should be paid as punishment for an offense. The amount changes according to the level of the offense or according to the order given by the court, supposing there’s a change made.
There are two types of fine: Committed fine is imposed with the condition of Imprisonment, while a Non-committed fine has no condition attached till it’s paid.
Community Service: Community service is done by people, usually voluntarily. However, when people break the law, primarily through the destruction of property, arson, or vandalism, they face community service punishment for a specified period.
Compensation: Here, the Melbourne criminal lawyer argues the case strongly, and the court may be considerate enough to replace money, misplaced or stolen property to the victim. This happens even after the offender has been punished.
Imprisonment: Imprisonment sentences are often served alongside the option of bail. As mentioned earlier, sentences are usually less than a year for misdemeanor offenses. For felonies, however, they are more. The offender may choose to bail by paying whatever amount the court orders.
Forfeiture Of Property: This can also be termed Civil forfeiture. It’s a situation in which a Melbourne criminal lawyer requests that the court orders the seizure of the offender’s properties concerning the crime committed. This punishment is prevalent in cases of robbery or vandalism.
Capital Punishment: This is the highest form of punishment after life imprisonment. It is also known as the death penalty. Unlike extrajudicial executions, death penalties follow the law’s due process. This punishment is for major crimes like murder or manslaughter.
Conclusion
For every criminal offense committed, an equal level of punishment accompanies it. It’s necessary to have this knowledge at the back of your mind. A Melbourne criminal lawyer will try their best to get you out of a sticky situation, but it’s best you don’t fall prey.