Interpreting Criminal Laws

Many different parts of the criminal process depend upon the interpretation of criminal laws, constitutions and other laws which protect those who are facing criminal charges. Sometimes small differences in the way a criminal law is interpreted can result in years of prison time. During a criminal trial, the prosecution must prove beyond a reasonable doubt all the elements of the criminal offense. Proving these elements can mean showing the courts that a specific act or omission was committed by using physical evidence and witness testimony. However, this is not the only thing that the prosecution must do. For certain crimes, the state of mind of the defendant is an important factor is determining if a crime was committed or the severity of the crime.

For example, read the two different degrees of arson below:

Arson in the Third Degree - Class C felony

A person is guilty of arson in the third degree when they intentionally damage a building or motor vehicle by starting a fire or causing an explosion.

Arson in the Second Degree - Class B felony

A person is guilty of arson in the third degree when they intentionally damage a building or motor vehicle by starting a fire and when (a) another person is present who is not a participant in the crime in such building or motor vehicle and (b) the defendant knows that facts or circumstances are such to render the presence of such person therein a reasonable possibility.

So let us give an example where an arsonist lights a building on fire, where a person is inside. That person is able to escape safely from the building and then later that day, the arsonist is caught. The police gather enough evidence to prove that the defendant did in fact light the building on fire. So the question is should he be charged and convicted with third degree or second degree arson. Although the distinction between the two crimes is small, the punishment for second degree arson is up to 25 years and punishment for third degree arson is up to 15 years. That’s 10 years of the defendant’s life which is determined solely by their state of mind when lighting the fire. In these situations, the defense will need a great criminal attorney to convince the jury that they did not intend to harm anyone and if they knew the possibility existed, they would not have committed the crime.