What is Criminal Law?

Miami Criminal Lawyer David J. Joffe

When you or someone you care about is facing criminal charges, you need someone on your side. 100% Criminal Defense 24/7

CRIMINAL DEFENSE LAWYER

FEDERAL CRIMES

FRAUD OFFENSES

DRUG CRIMES

FELONY CRIMES

MISDEMEANOR CRIMES

DRIVING OFFENSES

Driving Under the Influence (DUI/DWI)

OTHER CITIES IN FLORIDA

OTHER US CITIES

SOCIAL MEDIA

Criminal Law is mostly concerned with the act and mental state, together with what attendant circumstances or consequences, are necessary ingredients of various crimes. Criminal procedure is concerned with the legal steps through which a criminal proceeding passes, from the initial investigation of a crime through the termination of punishment. Besides criminal law and procedure, the administration of criminal justice includes such matters as police organization and administration (how most effectively to detect and apprehend criminals), prison administration and administration of probation and parole.

What is a Crime?

A crime is any act that violates the law. The definition of the prohibited act (or the failure to act in a manner that has been mandated) is set forth in writing by local, state and federal governments (in the form of a published statute). However, vestiges of common law crimes exist (common law crimes are defined by the customs of the unwritten law of England and the American colonies prior to the American revolution). Some states, such as California, have a statute stating that common law crimes do not exist; all crimes must be in writing set forth by statute.

Not all violations of law forbidding or commanding an act are crimes. To be a crime there must be a defined punishment. If the law does not set forth the particulars of the punishment for the described act or omission, then it is not a crime (unless the state has enacted a "savings clause" which sets forth punishment for violation of law in the absence of a specific defined punishment for the particular act or omission).

What are the different types of crimes?

While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as "offences" or as "infractions".

Federal Criminal Defense Attorney, David J. Joffe focuses on Federal criminal defense cases in the following areas:

FEDERAL CRIMES

FRAUD OFFENSES

DRUG CRIMES

FELONY CRIMES

MISDEMEANOR CRIMES

DRIVING OFFENSES

Driving Under the Influence (DUI/DWI)

What are the Characteristics of Criminal Law?

Criminal Law – Basic Premises

The substantive law of crimes consists primarily of (1) the definitions of the various specific crimes, from murder down to such minor offenses as speeding, (2) some broader general principals of the substantive criminal law applicable to more than a single crime and so not made a part of the definitions of specific crimes, as just noted above, and also (3) some even broader propositions of law, the basic premises which underlie the whole of the Anglo-American substantive criminal law.

The first of these basic premises concerns the requirement of an act; generally it may be said that conduct, to be criminal, must consist of something more than a bad state of mind.

Another basic premise is that conduct, to be criminal, must consist of something more than mere action (or non-action where there is a legal duty to act); some sort of bad state of mind is required as well.

The third basic premise is that the physical conduct and mental state must concur. Generally, it may be said that the defendant’s mental state must concur with his act or omission, in the sense that the former actuates the latter.

A forth basic premise concerns harm; only harmful conduct should be made criminal. It is reflected in the substantive due process notion that a criminal statute is unconstitutional if it bears no reasonable relation to injury to the public.

Yet another basic premise is that as to those crimes which require not only some forbidden conduct but also some particular result of that conduct, the conduct must be the “legal cause” (often called “proximate cause”) of the result.

The sixth basic premise is that the person who has engaged in criminal conduct may only be subjected to the legally prescribed punishment.

The final basic premise of the criminal law is that conduct is not criminal unless forbidden by law which gives advance warning that such conduct is criminal.

INSTANT MESSAGE

Joffe & Joffe, PA
Miami Criminal Attorney

MIAMI
305-579-0048
FORT LAUDERDALE
954-723-0007
PALM BEACH
561-659-1991
NAPLES
239-263-6161
TAMPA
813-251-8300

Representative case results include:

Latest Verdict: Trial attorney David Joffe is granted an acquittal for his client who was facing a mandatory life sentence if convicted in a federal drug importation case

As a result of masterful cross examination of six (6) key witnesses at trial, Mr. Joffe’s motion was granted to acquit his client of all charges in a federal drug importation case. The case involved 26 kilograms of cocaine and 5 kilograms of heroin. The Judge, a former prosecutor has not granted such a request in more than twenty (20) years of service on the bench. Mr. Joffe received positive written comments from more than twenty (20) peer attorneys.

David J. Joffe obtains not guilty jury verdict in federal drug case in forty (40) minutes after one (1) day trial. Client acquitted of 10 year mandatory jail sentence.

Defendant was convicted of two counts. The law firm again represented defendant on the direct appeal to the United States Court of Appeals in and for the Eleventh Circuit. The law firm was successful in having one count vacated and defendant was remanded for re-sentencing before the District Court. The Court sentenced defendant to non-reporting probation.

State Attorney dismissed marijuana possession case after reading one motion detailing improper search and seizure.

Male Charged with Mortgage Fraud Gets No Prison Time

Miami: 29 defendants charged in drug importation and credit card scheme and only ONE goes free! His attorney was David J Joffe!

20 year old female Gets Reduced Sentence for Drug Charge

Charges Dismissed on Battery of a Law Enforcement Officer

Ex-banker not charged with theft of goods through interstate commerce

Florida criminal defense lawyer, David J. Joffe successfully reduces sentence of Colombian crew men on freighter with two tons of cocaine

Miami lawyer Joffe is an AV® Peer Review Rated criminal defense attorney who represents clients in federal and state criminal matters across the State of Florida.