Criminal Defense

What is a ‘crime?’

A crime is any act or omission that violates a law which results in a punishment. Punishments can range from the payment of a fine to incarceration in jail. The level of the offense or crime will usually be set in proportion to the severity of the crime. For example, parking in a two hour parking zone for three hours is a crime. The punishment usually involves the issuance of a ticket and an individual paying a fine. On the other end, robbing someone at gun point is a much more severe crime that can result in a lengthy prison sentence. If a statute merely encourages a conduct, but does not provide a punishment, then a violation is not generally considered a crime, even though you may be exposed to some type of civil liability. For example, many family codes have general policy statements that encourage parents to resolve custody disputes in a friendly manner. If the custody battle turns ugly, a violation of the general policy rule, by itself, is not a crime because there is not a defined punishment.

What Is A Crime?

Which specific acts or omissions constitute "crimes" depends on the governmental bodies where you live. Most likely you will be subject to three sets of laws at any given time. The first set is defined by federal statute. The second set is outlined by your state government. The third set are laws are enacted by local government and are commonly referred to as municipal ordinances. Local rules focus on the conduct that the local community expects people to abide by like speed limits in school zones and noise control at certain hours. If there is ever a conflict in federal law with a state or local rule, federal law will generally control.

Most crimes require that you complete an affirmative act before you can be punished for the conduct. If you store drugs in the pocket of your jacket, you affirmatively possess a controlled substance. Some crimes, ironically, punish for omissions. For example, if you are aware that your boyfriend is physically abusing your child, you could be charged for failing to report child abuse. The basis of the crime isn’t what you did, but rather what you failed to do.

The Role of Intent

Many people also assume that crimes are the result of an intentional conduct. Like noted above, if you intentionally had drugs, you could be punished for the intent of your conduct. However, many crimes can involve negligent conduct. Speeding is probably the best example. A good number of people never really intend to speed. They just (for instance) get caught up in their favorite song and never notice that they depressed the accelerator a bit too much. But regardless of the intent, they are still liable for the speeding ticket. Another crime which has been growing in momentum is using a cell phone while driving. Because of the number of children injured, many states and communities have begun enacting laws which prohibit you from driving in a school zone while using a cell phone. If you injure a child while going through a school zone and using a cell phone, you could be charged for negligently causing injuries to the child. You did not intend to hurt the child, but because of your negligence, you could still be criminally prosecuted and punished.

If you are concerned about whether your conduct, or absence of conduct, could result in a criminal charge being filed against you, consult with Criminal Defense Lawyer E. Lavoyd Morgan in Lewisburg, WV by calling 304-645-7120 to set up your free consultation today.

E. Lavoyd Morgan, Jr. & Associates

Over the years, E. Lavoyd Morgan, Jr. has built his career by zealously representing clients from all walks of life. In 2000 Mr. Morgan had a vision of creating a law firm where people could obtain high quality, aggressive representation in a setting where they would not be treated just as another number, but where they would be known by name and where their individual needs would be addressed with respect and professionalism. At E. Lavoyd Morgan, Jr. & Associates, you will find a law firm that is big enough to serve all of your legal needs, while at the same time, small enough to care about you.

E. Lavoyd Morgan, Jr. was born and raised in Ronceverte, West Virginia. Mr. Morgan graduated cum laude from Concord College in Athens, West Virginia in 1992 with Bachelors of Arts degrees in both sociology and Political Science. Mr. Morgan went on to receive his doctorate of Jurisprudence in 1995 from Campbell University School of Law in Buies Creek, North Carolina. While at Campbell University, Mr. Morgan received numerous awards and was selected to serve on the staff of the Campbell Law Observer. Mr. Morgan also served as vice president of the Federalist Society, and was a case writer for the nationally publicized Religious Freedom Reporter. Mr. Morgan was also a teaching assistant to the Honorable J. Stanley McQuaid. E. Lavoyd Morgan, Jr. was admitted to the practice of law on October 2, 1995 and is licensed to practice in all federal and states courts of West Virginia and the Fourth Circuit of Appeals. Mr. Morgan has extensive experience litigating both civil and criminal cases and appeals in state and federal courts.

Mr. Morgan has previously been selected to the nationally recognized Who's Who Among Executives and Professionals. Mr. Morgan is a member of State Bar Association, the American Bar Association, the West Virginia Association for Justice, the National Association of Criminal Defense Lawyers, and serves on the Board of Directors of the ACLU of West Virginia. Since 1996, Mr. Morgan has been an adjunct professor at Mountain State University and Bluefield State College where he has taught courses ranging from criminal justice to civil litigation. Mr. Morgan is also noted speaker on topics such as civil rights and due process of law. As a speaker, MR. Morgan has shared the podium with such acclaimed personalities as Henry Belafonte and Jennifer Harbury.

When your family, assets, or freedom are at stake, you need a lawyer on your side who is experienced, aggressive, and passionate about your case. At E. Lavoyd Morgan, Jr. & Associates you will find an experienced team of professionals you can count on to be there for you when you need them the most.