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What Are Crimes Against the Person?

What Are Crimes Against the Person?

In Arizona, crimes against the person include a range of offenses that harm or threaten to harm individuals. These crimes are taken very seriously due to their immediate and significant impact on victims. It’s also helpful to understand the other types of crimes and what the distinctions are. 

Below is an outline of the different types of crimes, including those against property, society, and the person.

Crimes Against Property

Crimes against property primarily involve offenses where an individual’s property rights are violated. Examples of these crimes include burglary, arson, and vandalism. Unlike crimes against the person, property crimes generally do not involve force or threat to a person’s physical well-being. The intent behind property crimes is typically to deprive the owner of their property or to cause damage to it.

Crimes Against Society

Crimes against society in Arizona encompass a range of unlawful activities that primarily harm the community, societal norms, or state authority rather than targeting individual victims. These include but are not limited to drug offenses (such as possession, trafficking, and manufacturing), gambling offenses, and prostitution.

Penalties for crimes against society can range from fines and community service to substantial prison time, reflecting their potential to harm the collective well-being. 

Crimes Against the Person

Crimes against the person are serious offenses that involve direct harm or the threat of harm to individuals. These crimes are characterized by their impact on the physical, emotional, and psychological well-being of the victims.

Some of the most common examples of crimes against the person in Arizona include:

Murder

Murder is one of the gravest crimes against a person, involving the unlawful killing of another individual with intent or malice aforethought. It is classified into different degrees – for example, first-degree murder, which is premeditated and deliberate, and second-degree murder, which is not premeditated but still involves intent to kill. 

The legal consequences for murder are severe, often including life imprisonment or the death penalty. This reflects the importance of working with an Arizona criminal defense attorney if you ever find yourself facing these charges.

Robbery

Robbery is a serious offense involving the use of force, intimidation, or threats to unlawfully take property from another person. In Arizona, robbery charges can result in severe penalties, including substantial prison sentences, hefty fines, and long-term repercussions based on having this type of criminal record. 

Assault

In Arizona, assault is considered a crime against the person. It occurs when someone intentionally, knowingly, or recklessly causes physical injury to another person, makes someone reasonably fear imminent bodily harm, or touches another individual with the intent to provoke, injure, insult, or cause physical impairment. 

This classification can include acts ranging from threats and menacing behavior that create fear of harm to actual strikes against someone that cause injury. 

Depending on factors like the severity of injuries inflicted and the defendant’s intent, assault charges can vary from a misdemeanor (less severe) for simple assaults to felonies for aggravated assault, resulting in more serious consequences if convicted in an Arizona court.

Kidnapping

Kidnapping involves the unlawful taking and holding of a person against their will. It is considered a severe crime because it infringes on the victim’s freedom and can lead to significant psychological trauma. The crime can be further aggravated if it involves ransom demands, harm to the victim, or transportation across state lines. 

Legal repercussions for kidnapping are stringent, often resulting in lengthy prison sentences and substantial fines.

Domestic Violence

Domestic violence refers to a series of behaviors, including violent or aggressive actions within domestic settings — typically between spouses or intimate partners but also extending to family members in some cases. While this may encompass physical aggression like assault, it can also include emotional abuse, threats, and stalking. 

Penalties for domestic violence can include restraining orders, mandatory counseling, and imprisonment – aimed at both punishing the offender and rehabilitating the family unit.

Sexual Crimes

Sex crimes in Arizona encompass a range of offenses that involve illegal or coerced sexual conduct against another individual. These include rape, which is engaging in any form of non-consensual sexual intercourse, child molestation, and indecent exposure. 

Legal penalties for sexual offenses are severe, including lengthy prison sentences, sex offender registration, and mandatory treatment programs. 

Legal Defenses to Crimes Against the Person

Legal defenses to crimes against the person vary significantly depending on the specific nature of the crime. However, there are several common defenses that may be utilized to challenge these accusations. Below are some of the primary legal defenses:

Self-Defense

Self-defense is one of the most frequently invoked defenses in cases involving physical harm. This defense revolves around the claim that the defendant’s actions were necessary to protect themselves from immediate danger or harm. To successfully claim self-defense, the defendant must demonstrate that the perceived threat was imminent and that the force used to defend themselves was reasonable and proportionate to the threat.

Consent

In certain cases, the defense of consent may be applicable. This defense argues that the alleged victim willingly and voluntarily agreed to the defendant’s actions. It’s often used in situations involving alleged sexual assault or physical confrontations. However, consent must be informed and given without coercion for this defense to hold.

Duress

The defense of duress involves a situation where the defendant claims they were forced to commit a crime due to the immediate threat of serious harm or death to themselves or others. This defense might be used in kidnapping or domestic violence cases where the defendant was compelled to act out of fear for their own safety or the safety of their loved ones.

Mistaken Identity

Mistaken identity occurs when the defendant argues that they were incorrectly identified as the perpetrator of the crime. This defense relies heavily on discrediting eyewitness testimony or other forms of identification, often involving alibi evidence to place the defendant elsewhere at the time the crime was committed.

Lack of Intent

For many crimes against the person, proving intent is crucial for a conviction. The defense of lack of intent posits that the defendant did not intend to cause harm or commit the alleged crime. This defense might be used in cases where the incident was accidental or where the defendant’s actions were misinterpreted.

A Phoenix Criminal Defense Lawyer Can Help If You’ve Been Charged With a Crime

Defending against crimes against the person requires a nuanced understanding of the legal system and the specifics of each case. An experienced legal professional can assess the applicability of each defense and strategize the most effective approach for the situation. For help, contact Orent Law Offices today to schedule a free consultation with our Phoenix criminal defense attorney.

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