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When it comes to criminal defense even some of the simplest things can have a big impact. For the best Tulsa criminal defense attorney, call Cale Law office at 918-277-4800. Set up a free initial consultation and get your complimentary defense plan strategy.

For a government entity to bring a criminal charge they must have what’s called jurisdiction. Jurisdiction means the power to create the law and to enforce it.

The federal government has extensive power to enact general criminal codes covering conduct within the District of Columbia, US territories, and federal enclaves, such as naval yards, federal courthouses, national parks, and the like.

Federal criminal jurisdiction

The power of the federal government to create crimes falls in the following broad categories:

Power over federally owned or controlled territories the federal government has extensive power to enact general criminal codes covering conduct in the district Columbia he taught a bed power over conduct occurring within a state.

On the other hand, federal power to criminalize conduct within the state is limited by the requirement that each federal statute be founded upon some express or implied constitutional grant of authority.

Power over United States nationals abroad. By express control of US citizens On foreign soil.

Power over conduct on ships or airplanes

Federal maritime jurisdiction extends to Conde by all persons in broad aboard American ships or aircraft when on or over reports.

State criminal jurisdiction

Every state has the inherent power by virtue of its police power to regulate its internal affairs for the protection or promotion of the health, safety, welfare, and morals of its citizens.

Tulsa Criminal Defense Attorney | Crime Types

Situs of the crime

The situs of the crime means where the crime occurred. A common law in those states that have not expanded jurisdiction by statute, only the state in which the situs of the crime is located has jurisdiction of the crime. In addition to where the crime occurred situs can mean the place of the harmful result of the crime.

There are various sources of criminal law

One those sources is common-law crimes. Common-law crimes are not created by statute instead they are created and enforced by judicial decisions defining the offense. There are no federal common-law crimes. Federal criminal law is governed entirely by statute or code. Although there are no federal common-law crimes, Congress has created common-law crimes and the District of Columbia.

Constitutional crimes are created within the U.S. Constitution. The Constitution defines treason as levying war against the United States, adhering to enemies of the United States, or giving them aid and comfort. No one can be convicted of treason unless two witnesses testified to the same over act, or less the defendant confesses. You need the best Tulsa Criminal Defense Attorney.

There also was called administrative crimes. A legislature may delegate an administrative agency the power to make rules, which if violated, may be punishable as a crime for example violation of antitrust rules adopted by the securities exchange commission may result in severe criminal liability.

Thorough several theories concerning punishment and why we punish people who have committed a crime. One of those theories is restraint. While in prison a criminal has fewer opportunities commit acts that cause harm to the public. Another one is deterrence. Punishment may deter the criminal from committing crimes in the future. Additionally punishment may deter other persons than the criminal from committing similar crimes for fear of incurring the same kind of punishment. Another theory is retribution, meaning punishment is imposed events society sense of outrage and need for revenge. On the opposite side of the spectrum is rehabilitation. Imprisonment provides the opportunity to mold or reform the criminal into a person who upon return to society, will conform his or her behavior to societal norms. And lastly there is education publicity attending the trial, conviction, and punishment of some criminals serves to educate the public to distinguish between good and bad conduct and to develop respect for the law.

Generally, crimes have for classifications. The first one is felonies and misdemeanors. Most states classify felonies is all crimes punishable by death or imprisonment exceeding one year. Misdemeanors are crimes punishable by imprisonment for less than one year or by fine only. At common-law, the only felonies were murder, manslaughter, rate, sodomy, mayhem, robbery, larceny, arson, and burglary. All other crime Center, longer considered misdemeanors. To find out more, call the best Tulsa Criminal Defense Attorney at 918-277-4800.

The next classification is called malum in se and Mallon prohibits them. A crime malum in se means that a crime is wrong in itself, or in other words, is one that is inherently evil, either because criminal intent is an element of the fence, or because a crime involves moral turpitude. In contrast, crime Mallon prohibits them is one that is wrong only because it is prohibited by legislation. For example assault and battery, Pfaff, and driving while intoxicated are malum in say, whereas hunting without a license, failure to comply with a federal drug labeling act and driving in excess of the speed limit from Mallon prohibits a.

There are also infamous crimes. At common-law, infamous crimes are all crimes involving fraud, dishonesty, or the obstruction of justice. Under modern law, this concept has been expanded to include most felonies.

Lastly, there are crimes involving moral turpitude. Moral turpitude embraces committing a base or vile act. It is often equated with the concept of malum in se. Conviction of a crime involving moral turpitude may result in the deportation of an alien, the disbarment of an attorney, or the impeachment of the trial witness. Select the best Tulsa Criminal Defense Attorney.

A good defense attorney like Tulsa criminal defense attorney Stephen Cale will no unusual areas of constitutional law has a pertains to criminal defense. One of these unusual areas is the void for vagueness doctrine. The due process clause of the federal Constitution, which is found in the fifth and 14th amendments, has been interpreted by the United States Supreme Court to require that no criminal penalty be imposed without fair notice that the conduct is forbidden. The void for vagueness doctrine, which has been held to require particular scrutiny of criminal statutes capable of reaching speech protected by the First Amendment, incorporates two considerations. First, a statute must give fair warning. In other words, the statute must give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute. Secondly, there can be no arbitrary and discriminatory enforcement. So a statute must I encourage arbitrary and erratic arrests and convictions.

If you’ve been charged with a crime call somebody with superior criminal defense knowledge, like Tulsa criminal defense attorney Stephen Cale. Call Cale Law office at 918-277-4800.