Factors that lead to personal offenses include

Although there are many different kinds of crimes, criminal acts can generally be divided into five primary categories: crimes against a person, crimes against property, inchoate crimes, statutory crimes, and financial crimes.

Crimes Against a Person

Crimes against a person are those that result in physical or mental harm to another person. They can be divided into two main categories, forms of homicide and other violent crimes. Where the physical harm to another individual is so severe that it causes death, a defendant may be charged with any one of several types of homicide, including, for example, first-degree murder, voluntary manslaughter, or vehicular homicide. Conversely, violent crimes, which are also very severe, include:

Crimes against a person often carry the steepest penalties.

• assault and battery
• arson
• child abuse
• domestic abuse
• kidnapping
• rape and statutory rape

Crimes Against Property

Crimes against property typically involve interference with the property of another party. Although they may involve physical or mental harm to another, they primarily result in the deprivation of the use or enjoyment of property. Many property crimes are theft crimes, including burglary, larceny, robbery, auto theft, and shoplifting.

Inchoate Crimes

Inchoate crimes refer to those crimes that were initiated but not completed, and acts that assist in the commission of another crime. Inchoate crimes require more than a person simply intending or hoping to commit a crime. Rather, the individual must take a “substantial step” towards the completion of the crime in order to be found guilty. Inchoate crimes include aiding and abetting, attempt, and conspiracy. In some cases, inchoate crimes can be punished to the same degree that the underlying crime would be punished, while in other cases, the punishment might be less severe.

Statutory Crimes

Statutory crimes include those crimes, in addition to the crimes discussed above, which are proscribed by statute. Three significant types of statutory crimes are alcohol related crimes, drug crimes, traffic offenses, and financial/white collar crimes. These crimes are specifically prohibited by statute because society hopes to deter individuals from engaging in them. Alcohol-related crimes include a variety of offenses regarding how and where alcohol can be consumed, such as:

Statutory crimes may overlap with other types of crimes.

• Driving Under the Influence (DUI/OWI/DWI)
• Open Container Violations
• Minor in Possession of Alcohol
• Public Intoxication
• Underage DUI
• Boating DUI
• Selling and Supplying Alcohol to Minors
• Refusing to Perform a Field Sobriety Test
• Refusing to Perform a Breathalyzer or Provide a Blood Sample

Drug crimes concern any involvement in the creation or distribution of drugs, including drug possession, drug manufacturing, and drug trafficking. One area of criminal law that is currently receiving a great deal of attention is the regulation and prosecution of drug crimes related to medical marijuana. Due to state trends toward the legalization of medical marijuana, this is an area of criminal law that is in flux.

Traffic offenses include crimes that may arise while an individual is driving a vehicle on public roadways. Because a DUI/OWI/DWI involves both alcohol and the use of a vehicle, it is considered both an alcohol related crime and a traffic offense. Additional traffic offenses include driving on a suspended or revoked license, driving without a license, hit-and-run accidents, reckless driving, and vehicular assault. Where a traffic offense results in death, it can be charged as a far more serious crime, such as a form of homicide.

Financial and Other Crimes

Finally, financial crimes often involve deception or fraud for financial gain. Although white-collar crimes derive their name from the corporate officers who historically perpetrated them, anyone in any industry can commit a white-collar crime. These crimes include many types of fraud and blackmail, embezzlement and money laundering, tax evasion, and cybercrime.

Last reviewed October 2022

Overview of Aggravating and Mitigating Factors

If a judge or jury finds a defendant guilty at the end of a criminal trial, the court must determine the defendant’s punishment. State and federal criminal statutes often set maximum penalties based on the offense classification, with felonies having the most serious possible punishments. Judges have some discretion with regard to sentencing, and a sentencing hearing allows both prosecutors and defendants the chance to present evidence for the court to consider.

Aggravating factors may increase a sentence, while mitigating factors may decrease a sentence.

Aggravating Factors

Prosecutors can offer evidence of aggravating factors that would merit a harsh sentence during trial. Criminal statutes often identify specific factors that should result in harsher punishments. A common aggravating factor is a prior record of similar convictions. Other aggravating factors typically relate to the circumstances of the offense itself, such as the use of a weapon or the severity of the injuries suffered by a victim. With the exception of prior convictions, a court may not use aggravating factors to impose a harsher sentence than usual unless the jury found those factors to be true beyond a reasonable doubt. Cunningham v. California, 549 U.S. 270 (2007).

Repeat Offenses: A court may impose a harsher penalty on a defendant with multiple prior convictions. In states that have a “three strikes” law, such as California, a relatively minor offense may result in a lengthy jail or prison term if the defendant has two or more prior convictions.

Vulnerability of Victim: In some jurisdictions, court may impose a harsher sentence if the victim is found to be vulnerable, either according to an objective standard or in relation to the defendant. Vulnerability based on age, such as a crime of violence against a child or a fraudulent scheme targeting the elderly, may be an aggravating factor. Other factors may include physical or mental disability, illness or injury, and incapacitation.

Leadership Role: If the defendant played a prominent role in a criminal scheme, such as a leadership or managerial role, some jurisdictions allow courts to consider that as an aggravating factor. This is particularly true if the defendant influenced or controlled others involved in the offense.

Hate Crimes: Some states have enacted laws that allow sentencing enhancements if the state proves that the defendant was motivated by bias or animus based on a group characteristic. Most hate crime statutes include categories like race, religion, and national origin. Some states include categories like sexual orientation and gender identity as well.

Mandatory Minimum Sentencing: For certain offenses, the circumstances of the case may trigger laws that remove a court’s discretion to adjust a sentence downward. Mandatory minimum sentencing laws are still common for many drug-related offenses. The penalties for offense involving crack cocaine, for example, used to vary widely from the penalties for offenses involving cocaine in powder form, due to mandatory minimum laws targeting crack. The Fair Sentencing Act of 2010 sought to eliminate the disparity, but other laws still have a similar effect.

Aggravating and mitigating factors in a criminal case may be raised in the probation officer’s presentence report, prosecution and defense arguments, witness testimony, the defendant’s direct address to the judge, and crime victim statements.

Mitigating Factors

The defense may put on evidence of mitigating factors that would support leniency in sentencing. Criminal statutes devote far less attention to factors that might mitigate a defendant’s punishment, but courts have held that evidence relating to a defendant’s character may be introduced provided that it is relevant to the sentencing process. See Lockett v. Ohio, 438 U.S. 586 (1978). Common mitigating factors include:

• Lack of a prior criminal record
• Minor role in the offense;
• Culpability of the victim;
• Past circumstances, such as abuse that resulted in criminal activity;
• Circumstances at the time of the offense, such as provocation, stress, or emotional problems that might not excuse the crime but might offer an explanation;
• Mental or physical illness; and
• Genuine remorse.

Last reviewed October 2022

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