Criminal law encompasses the substantive rules defining crimes and their punishments. Key concepts include elements of crimes, classifications of offenses, and available defenses. Attorneys practicing criminal law must be well-versed in these areas to effectively represent clients facing criminal charges and to ensure that the criminal justice system operates fairly and efficiently.
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Solicitation requires inciting, counseling, advising, urging or commanding another to commit a crime with the specific intent that the person solicited commit the crime. It is not necessary that the person solicited respond affirmatively. Under the doctrine of merger, the solicitor cannot be punished for both the solicitation and the target offense.
A conspiracy is an agreement between two or more persons to accomplish some criminal or unlawful purpose or to accomplish a lawful purpose by unlawful means. It requires:
A conspirator may be liable for crimes committed by other conspirators if the crimes were committed in furtherance of the objectives of the conspiracy and were foreseeable.
An accomplice is one who acts with the intent to aid, counsel or encourage the principal before the commission of a crime. An accomplice is responsible for the crimes he committed or counseled and for any other foreseeable crimes.
At common law, burglary is the breaking and entering of a dwelling of another at nighttime with the intent to commit a felony therein. Modernly, there does not have to be a breaking, the structure need not be a dwelling and the crime does not have to be committed at nighttime.
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