What Should I do if Charged with a Criminal Offense?
For each crime there is a different set of elements that are used to define it. When defending criminals, attorneys take a good look at the elements that make up the crime that took place, and try to make arguments that not all of the elements were present. They present their cases to demonstrates that the facts do not support a conviction.
Every crime can be broken down into elements. First take the traditional definition of the crime, such as the definition of burglary, “the breaking and entering into the dwelling of another in the night with intent to commit a felony inside.” Then consider the elements that make up this definition: breaking, entering, into the dwelling, of another, in the night, with intent to commit a felony inside. If any one of these elements is missing then the criminal cannot be convicted of the crime of burglary, although they could well be found guilty of something else if some of the elements are present.
Federal Jury Practice and Instructions, by Kevin F. O’Malley, et. al. (Thomson-West Publishing, 5th ed. 2000) is a good read if you want to know the elements that make up a criminal offense. This book is a a jury instruction handbook – something that is given to juries at criminal trials so that they know how to analyze the details of the case.
One thing to be very wary of is going by a layman’s understanding of the elements of a criminal offense. Even though the definition may appear to be in plain English it could be the case that it is making use of a legal term of art which has a completely different meaning. You should contact an attorney to be sure that you understand what constitutes a specific crime.
If you are facing criminal charges then you should retain counsel and quickly get up to speed with the elements that make up your crime.
If you want to comprehend the elements that make up a criminal offense then http://hubpages.com/hub/Criminal-Offense is a great article to start by reading.
