Arson involves the act of maliciously, voluntarily, and willfully setting fire to the property of another, or burning your own property for an improper purpose, such as to make an insurance claim. Arson charges are prosecuted by degree according to the severity of the alleged offense in terms of dollar value or injury or death to the victim of the fire. Arson statutes contain six types of arson charges:
• First Degree Arson
• Second Degree Arson
• Third Degree Arson
• Fourth Degree Arson
• Wildfire Arson
• Negligent Fires

Assault involves a crime of violence against another person. Assault charges are prosecuted according to the severity of the injury suffered and the relationship between the victim and the accused. Most state assault statutes contain six major categories of assault crimes:
• First Degree Assault
• Second Degree Assault
• Third Degree Assault
• Fourth Degree Assault
• Fifth Degree Assault
• Domestic Assault

Burglary (or breaking and entering) is a crime involving entry into a structure for the purposes of committing a criminal act – usually theft. Burglary charges are brought according to the type of building entered and the acts performed once entry is achieved. Typical burglary statutes contains three to four degrees of burglary.
First Degree Burglary
Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the first degree, if:
(1) the building is a dwelling and another person, not an accomplice, is present in it when the burglar enters or at any time while the burglar is in the building;
(2) the burglar possesses, when entering or at any time while in the building, any of the following: a dangerous weapon, any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or an explosive; or
(3) the burglar assaults a person within the building or on the building’s appurtenant property.
Second Degree Burglary
Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the second degree if:
(1) the building is a dwelling;
(2) the portion of the building entered contains a banking business or other business of receiving securities or other valuable papers for deposit or safekeeping and the entry is with force or threat of force;
(3) the portion of the building entered contains a pharmacy or other lawful business or practice in which controlled substances are routinely held or stored, and the entry is forcible; or
(4) when entering or while in the building, the burglar possesses a tool to gain access to money or property.
Third Degree Burglary
Whoever enters a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice, commits burglary in the third degree.
Fourth Degree Burglary
Whoever enters a building without consent and with intent to commit a misdemeanor other than to steal, or enters a building without consent and commits a misdemeanor other than to steal while in the building, either directly or as an accomplice, commits burglary in the fourth degree.
Criminal sexual conduct is classified into five categories. The severity of the charge involves the type of sexual conduct, the age of the victim relative to the perpetrator, and whether penetration of the victim occurred. Criminal sexual conduct and rape statutes contain six categories of criminal sexual offenses:
• First Degree Criminal Sexual Conduct
• Second Degree Criminal Sexual Conduct
• Third Degree Criminal Sexual Conduct
• Fourth Degree Criminal Sexual Conduct
• Fifth Degree Criminal Sexual Conduct
• Criminal Sexual Predatory Conduct
First Degree Criminal Sexual Conduct
First degree criminal sexual conduct requires proof of “sexual penetration” and one or more of the following elements:
(1) victim is under 13 and defendant is over 3 years older;
(2) victim is 13, 14, or 15, defendant is 4 years older, the defendant is in position of authority over victim, and the defendant uses that position so victim will submit;
(3) victim is under 16, and the defendant has significant relationship to victim; or the defendant has significant relationship to victim, and uses force or coercion, uses or threatens use of a real or fake weapon, causes victim reasonable fear of imminent great bodily harm, causes personal injury to the victim, or there are multiple sexual acts committed over an extended time;
(4) victim has reasonable fear of great bodily harm;
(5) a dangerous weapon is used or threatened;
(6) the defendant causes personal injury to victim, and the defendant used force or coercion or the defendant knows or has reason to know victim is mentally impaired, mentally incapacitated, or physically helpless; or
(7) the defendant is aided or abetted by accomplices, and an accomplice uses force or coercion, or an accomplice uses or threatens the use of a real or fake dangerous weapon.
Second Degree Criminal Sexual Conduct
Second degree criminal sexual conduct requires proof of “sexual contact” with elements the same as first degree criminal sexual conduct. No “sexual penetration” is necessary.
Third Degree Criminal Sexual Conduct
Third degree criminal sexual conduct requires proof of “sexual penetration” and one or more of the following elements:
(1) victim is under 13, and defendant is less than 3 years older;
(2) victim is 13, 14, or 15, and defendant is 2 years older;
(3) victim is 16 or 17, and defendant has significant relationship to victim; or defendant is in position of authority over victim, and defendant is over 4 years older, and uses that position so victim will submit; or defendant has significant relationship to victim, and uses force or coercion, uses or threatens use of real or fake weapon, causes victim reasonable fear of imminent great bodily harm, causes personal injury to the victim, or there are multiple sexual acts committed over an extended time;
(4) defendant uses force or coercion;
(5) defendant knows or has reason to know victim is mentally impaired, mentally incapacitated, or physically helpless;
(6) defendant is aided or abetted by accomplices, and an accomplice uses force or coercion, or an accomplice uses or threatens the use of a real or fake dangerous weapon;
(7) defendant is a psychotherapist, and victim is a patient, and the act occurs during a therapy session; or victim is a patient or former patient, and the victim is emotionally dependent on defendant; or victim is a patient or former patient, and the act results from a therapeutic deception; or
(8) defendant is a health care professional, and the act occurs by means of false representation that it is for a bona fide medical purpose.
Fourth Degree Criminal Sexual Conduct
Fourth degree criminal sexual conduct requires proof of “sexual contact” with elements the same as third degree criminal sexual conduct. Other elements are: victim is 13, 14, or 15, and defendant is 4 years older; or defendant is in a position of authority, and uses that position so victim will submit
Fifth Degree Criminal Sexual Conduct
Any nonconsensual sexual contact is a gross misdemeanor, and includes removal or attempt to remove clothes over intimate parts, exclusive of the buttocks.
Criminal Sexual Predatory Conduct
A person is guilty of criminal sexual predatory conduct if the person commits a predatory crime that was motivated by the offender’s sexual impulses or was part of a predatory pattern of behavior that had criminal sexual conduct as its goal
Most states have a disorderly conduct law that makes it a crime to disturb the peace. It is often used as “catch-all” crime. Law enforcement may use a disorderly conduct charge to keep the peace when people are behaving in a manner that is disruptive, but poses no threat of harm to the community. Disorderly conduct is a misdemeanor.

Disorderly Conduct
The disorderly conduct statute describes behavior that constitutes a crime:
• Engages in brawling or fighting; or
• Disturbs an assembly or meeting, not unlawful in its character; or
• Engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.
A person does not violate this section if the person’s disorderly conduct was caused by an epileptic seizure.

Domestic assault in involves either of the following against a family or household member, as defined by statute: (1) committing an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflicting or attempting to inflict bodily harm upon another. The domestic assault statute describes the circumstances that justify a domestic assault being charged as a misdemeanor, gross misdemeanor or felony. Domestic assault is an “enhanceable” offense, meaning a future charge can be more severe if there is a prior conviction for domestic assault.

Family or Household Members
A family or household member is defined to mean spouses and former spouses, parents and children, persons related by blood, persons who are presently residing together or who have resided together in the past, persons who have a child in common regardless of whether they have been married or have lived together at any time, a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time and persons involved in a significant romantic or sexual relationship.
Consequences of a Conviction
An Order for Protection often follows a charge of domestic assault. These Orders are civil in nature and prohibit future acts of domestic abuse, contact with the alleged victim and can, in some circumstances, govern ongoing parenting time and custody of children, child support, alimony and possession of property. The violation of an Order for Protection constitutes a crime. In addition, those convicted of a crime involving domestic abuse are prohibited from possessing firearms, in accordance with the federal legislation known as the Violence Against Women’s Act.

Drug charges. The penalties associated with various drug offenses depend upon the substance at issue, the use of the substance and the volume of the substance. Drug and controlled substance statutes contain many categories of drug offenses:
• First Degree Controlled Substance
• Second Degree Controlled Substance
• Third Degree Controlled Substance
• Fourth Degree Controlled Substance
• Fifth Degree Controlled Substance
• Importing Controlled Substances
• Possession of Substances With Intent to Manufacture Methamphetamine
• Possession of Drug Paraphernalia
• Simulated Controlled Substances
• Anhydrous Ammonia Prohibited Conduct
• Methamphetamine Crime Involving Children & Vulnerable Adults

DWI Lawyers & DUI Defense Attorneys
Drunk driving involves the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired. DWI laws also apply to recreational vehicles, such as an ATV, boat or snowmobile, and piloting an airplane. Most DWI statutes contain four major categories of drunk driving crimes:
• First Degree Felony DWI
• Second Degree Gross Misdemeanor DWI
• Third Degree Misdemeanor DWI
• Fourth Degree Misdemeanor DWI

Aggravating Factors
The severity of a DWI depends upon whether one or more aggravating factors are present at the time of the offense. These include:
(1) a qualified prior impaired driving incident within the ten years immediately preceding the current offense;
(2) having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the time, of the offense; or
(3) having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.
First Degree DWI
A drunk driver is guilty of first-degree DWI if they commit a DWI violation within ten years of the first three or more drunk driving incidents, or have been previously convicted of felony.
Second Degree DWI
A drunk driver is guilty of second-degree driving while impaired if two or more aggravating factors were present when the violation was committed.
Third Degree DWI
A drunk driver is guilty of third-degree driving while impaired if one aggravating factor was present when the violation was committed.
Fourth Degree DWI
It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state or on any boundary water:
(1) when the person is under the influence of alcohol;
(2) when the person is under the influence of a controlled substance;
(3) when the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person’s ability to drive or operate the motor vehicle;
(4) when the person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;
(5) when the vehicle is a commercial motor vehicle and the person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
(6) when the person’s body contains any amount of a controlled substance listed in schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. It is also a crime to refuse to submit to a breath test.
Expungement involves striking records or information in court files, computers and other depositories relating to criminal charges. Expungement in is generally limited to the sealing of the courts records relating to a criminal conviction and prohibiting the disclosure of their existence except under court order or some other statutory authority. The expungement statutes outline the process, which takes about three or four months to conclude. The law is rather complicated in this area, given some recent decisions from the Courts. At present, any record that originates from the Courts may be expunged, even if they rest in an agency of the executive branch of the government (such as the BCA). Records created by law enforcement agencies, such as a police department (again, an executive branch agency) are difficult to expunge, given the separation of powers doctrine.

Basis for Expungement
The court will grant the petition to seal the record unless the agency or jurisdiction whose records would be affected establishes by clear and convincing evidence that the interests of the public safety outweigh the disadvantages to the petitioner of not sealing the record. The court basically will look at three criteria:
(1) the seriousness of the offense (more serious means less chance of expungement);
(2) time that has elapsed since the offense (the more time, the more likely the court will expunge); and
(3) the rehabilitative measures taken by the petitioning defendant (such as community service, counseling, stable employment, etc.).
As a general rule, defendants should wait at least two years to attempt to expunge a misdemeanor, with a much longer timeframe for more serious crimes. Some criminal convictions, such as DWI and criminal sexual conduct, can never be expunged.
Petition for Expungement
Eligible adults or juveniles prosecuted as adults in must file a sworn petition for expungement. The petitioner must serve the petition for expungement and a proposed expungement order on the criminal prosecutors office that had jurisdiction over the offense for which expungement is sought and all other state and local government agencies and jurisdictions whose records would be affected by the proposed order. The petition will outline the basic facts of the case, the reason expungement is sought and describe the rehabilitative measures that have been undertaken by the petitioner.
Expungement Hearing
A hearing is to be held no sooner than 60 days after service of the petition. A victim of the criminal offense for which expungement is sought has a right to submit an oral or written statement to the court at the time of the hearing, describing the harm suffered by the victim as a result of the criminal activity and the victim’s recommendation on whether expungement should be granted or denied. Sometimes the prosecutor or attorney general will offer legal argument, but in other cases they do not even attend the hearing and defer to the court.
A felony charge in is punishable by over one year to life imprisonment and a maximum fine specified by statute. These are the most serious of all criminal charges and are prosecuted very aggressively. Common felony charges include murder, the possession of narcotics, rape, assault, criminal sexual conduct, arson and theft. In all felony cases, the county attorney (not the city attorney) will prosecute.
Felony Court Process
Because of the seriousness of felony offenses, more hearings take place in a felony case as compared to a misdemeanor case. Once arrested, an individual will make their bail appearance. Bail is set and release conditions are imposed. If a defendant cannot post bail on their own, they can secure a bond through a bondsman or remain in jail pending trial. The next step involves an arraignment hearing, during which the court will ensure that a defendant understands their rights and the complaint presented to the court.
The next hearing is called an “omnibus” hearing and involves an ability to challenge probable cause and evidence secured by the state in an illegal manner. Once the omnibus issues are resolved, a pre-trial hearing is set. At that hearing, negotiation takes place between the prosecutor and defense lawyer. If a plea is reached, it is placed on the record. If a plea cannot be reached, the matter is set for trial. Following a conviction, the matter is set for sentencing. The state performs a pre-sentence investigation to explore the background of the defendant and make a recommendation concerning the sentence that should be imposed.
Impact of a Felony Conviction
A conviction for felony will impact your ability to secure employment, obtain student loans, serve in the military, vote and possess a firearm, among other things. It is far more difficult to expunge a felony conviction than a misdemeanor or gross misdemeanor.

Fraud is the crime of deliberately deceiving another in order to damage them by obtaining money, property or services unjustly. Most fraud statutes outline the various categories of fraud under law:
• Medical Assistance Fraud
• Insurance Fraud
• Fraudulent Statements
• Lottery Fraud
• Fraudulent Driver’s Licenses
• Gambling Fraud
• Fraud In Obtaining Credit
• Credit Card Fraud
• Mortgage Fraud
• Telecommunications Fraud
Medical Assistance Fraud
Any person who, with the intent to defraud, presents a claim for reimbursement, a cost report or a rate application, relating to the payment of medical assistance funds to the state agency, which is false in whole or in part, is guilty of an attempt to commit theft of public funds.
Insurance Fraud
One who resents, causes to be presented, or prepares with knowledge or reason to believe that it will be presented, by or on behalf of an insured, claimant, or applicant to an insurer, insurance professional, or premium finance company in connection with an insurance transaction or premium finance transaction, any information that contains a false representation as to any material fact is guilty of insurance fraud. In addition, those who remove or destroy an insurer’s records or diverts, misappropriates, converts or embezzles money from an insurer is guilty of insurance fraud.
Fraudulent Statements
Whoever circulates or publishes a false statement, oral or written, relating to a corporation, association, or individual, intending thereby to give a false apparent value to securities issued or to be issued by, or to the property of, such corporation, association, or individual, or who makes false a ship’s or airplane’s manifest, invoice, register is guilty of a crime.
Lottery Fraud
An individual who alters or counterfeits a state lottery ticket, knowingly presents an altered or counterfeited state lottery ticket for payment, knowingly transfers an altered or counterfeited state lottery ticket to another person or otherwise claims a lottery prize by means of fraud, deceit, or misrepresentation is guilty of lottery fraud.
Fraudulent Driver’s Licenses
One who has in control, custody, or possession any plate, block, press, stone, digital image, computer software program, encoding equipment, computer optical scanning equipment, or digital photo printer, or other implement, or any part of such an item, designed to assist in making a fraudulent driver’s license or identification card, engraves, makes, or amends, or begins to engrave, make, or amend, any plate, block, press, stone, or other implement for the purpose of producing a fraudulent driver’s license or identification card, uses a photocopier, digital camera, photographic image, or computer software to generate a fraudulent driver’s license or identification card, has in control, custody, or possession or makes or provides paper or other material adapted and designed for the making of a fraudulent driver’s license or identification card or prints, photographs, or in any manner makes or executes an engraved photograph, print, or impression purporting to be a driver’s license or identification card is guilty of a crime.
Gambling Fraud
A person who knowingly claims a lawful gambling prize using altered or counterfeited gambling equipment, knowingly claims a lawful gambling prize by means of fraud, deceit, or misrepresentation, manipulates any form of lawful gambling or tampers with any gambling equipment with intent to influence the outcome of a game or the receipt of a prize or knowingly places or uses false information on a prize receipt or on any other form approved for use by the Gambling Control Board or the Alcohol and Gambling Enforcement Division of the Department of Public Safety is guilty of a crime.
Fraud in Obtaining Credit
A person who, with intent to defraud, obtains personal credit or credit for another from a bank, trust company, savings association, or credit union, by means of a present or past false representation as to the person’s or another’s financial ability is guilty of a crime.
Credit Card Fraud
Whoever, without the consent of the cardholder, and knowing that the cardholder has not given consent, uses or attempts to use a card to obtain the property of another, or a public assistance benefit issued for the use of another is guilty of a crime.
Mortgage Fraud
One who knowingly makes or causes to be made any deliberate and material misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process or who knowingly uses or facilitates the use of any deliberate and material misstatement, misrepresentation, or omission, knowing the same to contain a material misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process is guilty of a crime.
Telecommunications Fraud
An individual who evade a lawful charge, obtains telecommunications service for the person’s own use by any fraudulent means is guilty of a crime.

A gross misdemeanor charge is punishable by up to one year of incarceration and a maximum fine of $3,000. Common gross misdemeanor charges include third degree DWI or DUI, second degree DWI or DUI, repeat assaults, repeat violations of an order for protection and various driving offenses. In some cases, the city attorney will prosecute, while in others the county attorney will handle matters. These crimes involve situations that are more serious than a misdemeanor, but less serious than a felony.
Gross Misdemeanor Court Process
Once arrested, a defendant will make their bail appearance. Bail is set and release conditions are in put in place. If a defendant cannot post cash bail, they can secure a bond through a bondsman or remain in jail pending trial. The next step involves the arraignment hearing, during which the judge will make sure that the individual who has been charged understands their rights and has reviewed the complaint. The next phase in the process is called the “omnibus” hearing and involves challenges to probable cause and evidence secured by the State in an unconstitutional way.
Once the omnibus issues are taken care of, a pre-trial appearance is made. At that hearing, negotiations take place between the prosecutor and defense counsel. If a plea deal is reached, the agreement is placed on the record. If a plea cannot be reached, the matter is scheduled for trial. If convicted, the case is set for sentencing. The State performs a pre-sentence investigation to explore the background of the defendant and make a recommendation concerning the sentence. In situations, the court will stay imposition or execution of the sentence in favor allowing a defendant an opportunity to prove that they are an appropriate candidate for probation.

Identity theft refers to an act of fraud that involves stealing money or getting some other benefit by pretending to be someone else. According to the identity theft statutes a person who transfers, possesses, or uses an identity that is not the person’s own, with the intent to commit, aid, or abet any unlawful activity is guilty of identity theft. The maximum penalty associated with a particular case of identity theft is directly related to the amount of financial gain realized by the defendant. In addition to fines and penalties, restitution must be made to the victim of the identity theft.
Penalties for Identity Theft
The penalties for identity theft range from a misdemeanor to a 20-year felony. The offense level correlates with the amount of loss incurred, the number of direct victims involved, or the related offense. Loss is defined as the value obtained and the expenses incurred as a result of the crime. Penalties for financial crimes are readily distinguishable by the monetary loss thresholds. For example, if the amount of loss is $250 or less, the maximum penalty is a misdemeanor. If the amount of loss is more than $35,000, the maximum penalty is a 20-year felony. Nonfinancial crimes that result in zero loss and involve only one victim default to the misdemeanor penalty.
If a crime involves more than one victim, the penalty is raised to a felony. All personal property is subject to forfeiture if it was used or intended for use to commit or facilitate the commission of a designated offense. All money and other property, real or personal, which represent proceeds of a designated offense, are subject to forfeiture. The property may be seized immediately without process if certain provisions are met. All right, title, and interest in the property vests in the appropriate agency upon commission of the act giving rise to forfeiture.

Juvenile courts have jurisdiction over individuals under the age of 18 who engage in criminal conduct. In contrast to the adult courts, the juvenile proceeding is not a “criminal” proceeding designed to determine criminal responsibility and punishment but, rather, it is a “civil” proceeding designed to protect a child from the consequences of his or her own conduct, develop individual responsibility for unlawful behavior, rehabilitate him or her, and, at the same time, promote public safety. Juvenile statutes address the juvenile court system.
Juvenile Delinquents
Individuals under the age of 18 who commit acts which would be criminal if committed by an adult are deemed “delinquents.”
CHIPS Cases (Protective Services)
Cases involving children under the age of ten who are alleged to have committed an act that would be criminal if committed by an adult are handled as civil CHIPS (children in need of protection or services) hearings.
Petty Offenders
Children who engage in conduct which is unlawful for them but not unlawful for adults, such as violating curfew, drinking, and smoking are “petty offenders.” Also included in the petty offender category are juveniles who commit petty misdemeanors and juveniles charged with their first or second nonviolent misdemeanor offense, with the exception of certain designated offenses.
Juvenile Traffic Offenders
Children who violate traffic laws are “juvenile traffic offenders.” In certain cases, depending on the age of the child and the nature of the traffic offense, the matter may be handled exclusively by the adult court rather than the juvenile court.
Disposition Options
Assuming the juvenile court retains jurisdiction over the alleged juvenile offender, and, after a hearing, determines that the child engaged in the unlawful conduct, the court has a variety of disposition options, including: fines, probation, counseling, home detention, sex offender treatment, placement out of the home, loss of driver’s license, restitution or community service, and (for delinquents only) commitment to the Commissioner of Corrections for placement in a state juvenile correctional facility.

Manslaughter involves the killing of a person in a manner considered by law as less culpable than murder. Most State laws differentiate between levels of criminal culpability based on the state of mind of the perpetrator. Manslaughter includes two distinct categories: voluntary manslaughter and involuntary manslaughter.
Voluntary Manslaughter
Voluntary manslaughter involves a situation where the actor has an intent to cause death or serious injury, but the liability for the defendant is reduced by the specific circumstances surrounding the act and the state of mind of the defendant. A common example involves a “heat of passion” killing, such as witnessing a violent attack against a child and responding with force resulting in death.
Involuntary Manslaughter
Involuntary manslaughter, or negligent or criminal vehicular homicide occurs where there is no intent to kill or cause serious injury, but death results from reckless disregard for the rights of others or an act of negligence. A common example involves the death of a motorist as a result of an accident caused by a drunk driver.
Manslaughter Statutes
Manslaughter statutes contain three categories of manslaughter:
• First Degree Manslaughter
• Second Degree Manslaughter
• Criminal Vehicular Homicide and Injury
First Degree Manslaughter
Whoever does the following is guilty of first degree manslaughter:
(1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;
(2) commits an assault and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby;
(3) intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor’s coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another;
(4) proximately causes the death of another, without intent to cause death by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in schedule III, IV, or V; or
(5) causes the death of another in committing or attempting engage in malicious punishment of a child, and murder in the first, second, or third degree is not committed thereby.
Second Degree Manslaughter
A person who causes the death of another by:
(1) culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another;
(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal;
(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device;
(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner’s premises, or negligently failing to keep it properly confined; or
(5) by committing or attempting to commit neglect or endangerment of a child, and murder in the first, second, or third degree is not committed thereby is guilty of second-degree manslaughter.
Criminal Vehicular Homicide
A person is guilty of criminal vehicular homicide or operation if the person causes injury to or the death of another as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of drugs or alcohol;
(3) where the driver who causes the accident leaves the scene of the accident; or
(4) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury or death was caused by the defective maintenance
A misdemeanor charge in is punishable by up to 180 days in jail and a maximum fine of $1,000. Common misdemeanor charges include traffic violations such as stop sign violations, underage DWI, and driving after revocation. Non-motoring misdemeanors under typical laws include fifth degree assault, a first DUI or DWI, a first time violation of an order for protection and low level theft charges.

Misdemeanor Offenses and Vehicular Crimes
criminal lawyers have experience representing clients charged with various misdemeanor offenses and vehicular crimes, including:
• Domestic Abuse Offenses, including abuse of family, abuse of a spouse, and abuse of a household member
• Vehicular Crimes, such as:
o Speeding
o Driving without insurance, driving with no license, and driving with a restricted license
o Reckless driving, including racing charges
o Driving under the influence of alcohol or drugs
• Misdemeanor Crimes, including:
o Harassment, disorderly conduct, and simple thefts
o Prostitution and open lewdness
o Contempt of court
o Violation of an Order of Restrain
• Conspiracy
• Drug Trafficking
• White Collar Crimes, including bank fraud, credit card fraud, forgery, mail fraud, wire fraud, extortion, and tax evasion
• Assimilated Crimes (crimes on federal property)
• Grand Jury Subpoenas
• Law Enforcement Questioning or Investigations, including investigations conducted by the HPD, FBI, DEA, IRS, and Attorney General
• Sex Offender Registration
• Involuntary Commitments
• Conditional Release
• Sentencing, Clemency Hearings, and Other Post Conviction Relief
• Administrative License Revocation

Typical misdemeanor cases begin when a citation or complaint is issued and a court date assigned. Some citations may be paid with a fine prior to the court date. The first appearance on a misdemeanor is known as an “arraignment.” The defendant will be advised of his or her legal rights. The defendant may enter a guilty or a not guilty plea at the arraignment. If a guilty plea is entered, the Judge will pronounce a sentence. The sentence may include a fine, jail time, and other probationary conditions. If a not guilty plea is entered in a misdemeanor, the case is set for a pre-trial conference. At a pre-trial conference, the prosecutor and the defense attorney will attempt to reach a resolution of the case. If no resolution of the case occurs at the pre-trial conference, the case is set for a jury trial. In a jury trial for a misdemeanor, both the State and the defendant may present evidence to a jury of six people chosen at the start of the trial.
Misdemeanors Sentenced as a More Serious Crime
There are a number of instances in which misdemeanor behavior carries a felony penalty as a result of the offender’s prior record. For example, assault in the fifth degree is a felony if the offender has two or more convictions for assaultive behavior. Similarly, theft crimes of more than $200 but less than $500 are felonies if the offender has at least one previous conviction for an offense specified in that statute.
Murder Lawyers & Defense Attorneys
Murder involves the unlawful killing of a person or unborn child with malice if the defendant acts with intent to kill, intent to inflict serious bodily harm, reckless indifference to an unjustifiably high risk to human life or intent to commit a felony that ultimately results in death. Murder statutes contain three categories of murder:
• First Degree Murder
• Second Degree Murder
• Third Degree Murder
First Degree Murder
Whoever:
(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;
(2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another;
(3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance;
(4) causes the death of a peace officer or a guard employed at a state or local correctional facility, with intent to effect the death of that person or another, while the peace officer or guard is engaged in the performance of official duties;
(5) causes the death of a minor while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon a child and the death occurs under circumstances manifesting an extreme indifference to human life;
(6) causes the death of a human being while committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another family or household member and the death occurs under circumstances manifesting an extreme indifference to human life; or
(7) causes the death of a human being while committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life is guilty of first degree murder.
Second Degree Murder
Whoever (1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; (2) causes the death of a human being while committing or attempting to commit a drive-by shooting in a manner outside of first degree murder is guilty of second degree murder.
Third Degree Murder
Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree.
Obstruction of justice involves the interference of any sort with the work of police, state or federal investigators, regulatory agencies, prosecutors, or other government officials. There are a host of crimes that may be characterized as an obstruction of justice charge:
• Escape
• Fleeing A Police Officer In A Motor Vehicle
• Warning A Subject of Police Investigation
• Witness Tampering
• Interference With A Dead Body
Escape
One who: (1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or conviction of a crime, or while held in lawful custody on an allegation or adjudication of a delinquent act; (2) transfers to another, who is in lawful custody on a charge or conviction of a crime, or introduces into an institution in which the latter is confined, anything usable in making such escape, with intent that it shall be so used; (3) having another in lawful custody on a charge or conviction of a crime, intentionally permits the other to escape; (4) escapes while in a security hospital; or (5) escapes while on pass status or provisional discharge is guilty of criminal escape.
Fleeing a Police Officer
Whoever by means of a motor vehicle flees or attempts to flee a peace officer who is acting in the lawful discharge of an official duty, and the perpetrator knows or should reasonably know the same to be a peace officer, is guilty of a crime.
Warning of Police Investigation
Whoever, having knowledge that a subpoena has been issued, and with intent to obstruct, impede, or prevent the investigation for which the subpoena was issued, gives notice or attempts to give notice of the issuance of the subpoena or the production of the documents to a person is guilty of a crime.
Witness Tampering
One engaged in harming or otherwise threatening a witness, hoping to influence his or her testimony, is guilty of witness tampering.
Interference with a Dead Body
Whoever interferes with the body or scene of death with intent to mislead the coroner or conceal evidence is guilty of a crime.
Admit/Deny Hearing
If you’re accused of violating the terms of your probation an experienced attorney can help. Allegations of probation violation involve a two-step process. First, the court will ask whether you wish to admit or deny that a violation of the conditions of your probation occurred. If you admit, the court will proceed to impose whatever consequence it sees fit, including additional jail time, fines, community work service and others.
Evidentiary Hearing
If you deny, that you violated probation an evidentiary hearing will take place. The state must prove by clear and convincing evidence that you violated the terms of your probation. If you are found to have done so, the court will impose a penalty. If you are found not to have done so, your prior conditions will remain in full force and effect with no additional consequence.
Prostitution involves participation in sexual activity in exchange for money. Most state prostitution statutes contain five types of prostitution charges:
• Solicitation, Inducement or Promotion of Prostitution
• Prostitution Committed in School or Park Zone
• Loitering With Intent to Participate in Prostitution

Solicitation, Inducement or Promotion of Prostitution
Whoever, while acting other than as a prostitute or patron, intentionally does any of the following is guilty of a crime:
(1) solicits or induces an individual under the age of 18 years to practice prostitution;
(2) promotes the prostitution of an individual under the age of 18 years;
(3) receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
(4) solicits or induces an individual over 18 to practice prostitution;
(5) promotes the prostitution of an individual over 18; or
(6) receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual over 18.
Prostitution in a School or Park Zone
Any individual who violates the prostitution statute in a school or park zone is subject to increased fines and sentences if convicted.
Loitering with Intent to Commit Prostitution
A person who loiters in a public place with intent to participate in prostitution is guilty of a crime.

Theft Lawyers & Defense Attorneys
There are dozens of acts that constitute a theft. Typical state theft statutes contain various acts that are illegal under State law:
• Theft
• Possession of Shoplifting Gear
• Receiving Stolen Property
• Mail Theft
• Stolen & Counterfeit Checks
• Issuance of Dishonored Checks
Acts Constituting Theft
Whoever does the following is guilty of a theft:
(1) intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of possession of the property;
(2) with or without having a legal interest in movable property, intentionally and without consent, takes the property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of the property;
(3) obtains for the actor or another the possession, custody, or title to property of or performance of services by a third person by intentionally deceiving the third person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made;
(4) by swindling, whether by artifice, trick, device, or any other means, obtains property or services from another person;
(5) finds lost property and, knowing or having reasonable means of ascertaining the true owner, appropriates it to the finder’s own use or to that of another not entitled thereto without first having made reasonable effort to find the owner and offer and surrender the property to the owner;
(6) intentionally obtains property or services, offered upon the deposit of a sum of money or tokens in a coin or token operated machine or other receptacle, without making the required deposit or otherwise obtaining the consent of the owner; or
(7) intentionally and without claim of right converts any article representing a trade secret, knowing it to be such, to the actor’s own use or that of another person or makes a copy of an article representing a trade secret, knowing it to be such, and intentionally and without claim of right converts the same to the actor’s own use or that of another person.
Possession of Shoplifting Gear
Whoever has in possession any device, gear, or instrument designed to assist in shoplifting or defeating an electronic article surveillance system with intent to use the same to shoplift and thereby commit theft is guilty of a crime.
Receiving Stolen Property
Any person who receives, possesses, transfers, buys or conceals any stolen property or property obtained by robbery, knowing or having reason to know the property was stolen or obtained by robbery is guilty of a crime.
Mail Theft
Whoever does the following is guilty of mail theft:
(1) intentionally and without claim of right removes mail from a mail depository;
(2) intentionally and without claim of right takes mail from a mail carrier;
(3) obtains custody of mail by intentionally deceiving a mail carrier, or other person who rightfully possesses or controls the mail, with a false representation which is known to be false, made with intent to deceive and which does deceive a mail carrier or other person who possesses or controls the mail;
(4) intentionally and without claim of right removes the contents of mail addressed to another; or
(5) intentionally and without claim of right takes mail, or the contents of mail, that has been left for collection on or near a mail depository..
Stolen & Counterfeit Checks
A person who sells, possesses, receives, or transfers a check that is stolen or counterfeit, knowing or having reason to know the check is stolen or counterfeit, is guilty of a crime.

Kidnapping Lawyers
Kidnapping and Unlawful Restraint are very serious felony charges that generally involve the secret confinement or unlawful restraint of another person. Sometimes a person charged with an act of domestic violence will discover that they are also charged with kidnapping or unlawful restraint. These types of charges may also be the product of a child custody dispute. A person charged with either of these offenses, whether separately or in connection with a pending domestic violence charge or child custody dispute, should immediately seek the advice of a skilled criminal defense attorney.
MILITARY CASES Being charged with a crime under military law is not the same as being charged with a crime under civilian law although the charge may be similar to the related crime under civilian law. You risk losing rank, denial of promotion, a punitive discharge from the military, loss of veteran’s benefits such as the G.I. Bill, and the loss of your good name and reputation in the military community. Because you have so much at stake, an experienced attorney and strong defense is critical to your case.
Military cases include:
• Administrative Discharge
• Administrative Separation Board
• Boards of Inquiry (BOI)
• Appeals of Military Decisions
Administrative Discharge
An administrative discharge is the involuntary removal of an enlisted member of the United States military prior to the expected date of separation. An administrative discharge, or premature separation, can occur as the result of a variety of circumstances, including:
• Conviction during a court martial hearing
• Military misconduct
• Pattern of misconduct
• Commission of a serious offense
• Conviction of a criminal offense in a civilian proceeding
• Homosexuality
• Physical disability
• Substandard performance of duty
Administrative Separation Board

If you are facing possible military discharge and either face the possibility of an Other than Honorable (OTH) discharge, or have been enlisted for more than six years, you have the right to appear before an administrative separation board. An administrative separation board consists of a panel of three service-members (usually two officers and one enlisted member) who decide whether there is cause to discharge and, if such cause exists, what the proper characterization of discharge should be. The service member discharged may be released without any military benefits, even if that person is within a few days of retirement or their EAS.

Boards of Inquiry (BOI)
A Board of Inquiry (BOI) is an investigative panel who evaluates all evidence surrounding an incident involving a military officer with the purpose of preventing similar occurrences in the future. If you are an officer who has been notified of a potential separation (also known as an order to show cause), you are entitled to a hearing before the Board of Inquiry. The Board of Inquiry is not a court of law, but it may recommend separation if an officer is found to have committed any of the following acts:
• Military misconduct, such as serious wrongdoing, mismanagement of personal affairs, drug abuse, dereliction of duty, or intentional misrepresentation of facts in official records
• Commission of a serious offense
• Criminal activity that resulted in a civilian conviction
• Substandard performance of duty
• Conduct unbecoming of an officer
• Court martial allegations
If you are facing a Board of Inquiry, you have the right to be represented by legal counsel.

Appeals of Military Decisions
Most military decisions, including court martial conviction and sentences, can be appealed to higher military courts. In most cases, appeals of a bad-conduct discharge, a dishonorable discharge, confinement, or dismissal of an officer are presented to military appellate courts. Some cases may be appealed to the Court of Appeals for the Armed Forces (CAAF) and, although uncommon, an appeal may ultimately be reviewed by the U.S. Supreme Court.