Criminal Law

Crime

Any act done by an individual in violation of the duties he or she owes to society and for the breach of which the law provides that the wrongdoer shall make amends to the public.

Felonies

Most serious kinds of crimes.

M'Naghten.

Insanity test in which the defendant must show he/she suffered from an identifiable mental disease and because of the disease he/she did not know that the act was wrong.

Up to five years in jail.

Punishment in Florida for a third degree felony.

Robbery

The taking of personal property from another person by the use of fear or force.

Burglary

The breaking and entering the dwelling house of another at night with the intent to commit a felony.

Larceny

Robbery involves the use of force or intimidation, but ______________ does not.

Arson

The malicious or willful burning of the dwelling of another person.

Forgery

Fraudulently making or altering a written document that affects the legal liability of another person.

Embezzlement

Fraudulent conversion of property or money owned by one person but entrusted to another.

Mail and Wire Fraud

Use of mail, telephone, radio, or television to further or execute a scheme to defraud.

Bribery

Illegal payments or offers to pay to a political campaign, to governmental officials, or to other persons such as the employees of a competing firm, for the purpose of receiving favorable treatment, for proprietary information, or other assistance.

Bankruptcy Fraud

Filing false claims by creditors or debtors, fraudulent transfer or concealment of assets, or obtaining credit with the specific intent to avoid paying debts.

Insider Trading

Federal securities statutes that prohibit corporate insiders who have access to certain information that is not available to the public from trading their company's stock based on the insider knowledge.

Infancy

Bars criminal liability for children who are under a certain age and/or do not understand a particular act is wrong.

Involuntary Intoxication

A person, by force, by mistake, or by some situation beyond his/her control, ingests or has injected an intoxicating substance.

Assumption of Risk.

Plaintiff knows of and voluntarily enters into or participates in a risky activity that results in injury, what is the most likely defense that can be raised by a defendant?