Common Law Felonies

  • Felony is punishable by death and/or imprisonment in excess of one year. If it's under a year, it's a misdemeanor

    • The class is determined by potential sentence

  • Criminal intent “mens rea” (guilty mind) refers to the mental state required to convict a person of crime 

  • “Actus rea” (guilty act) 

    • Require proof of both to be found guilty 

9 Kinds of Common Law Felonies (MR MRS LAMB)

Murder

    The killing of person by another with malice and aforethought 

            malice is the desire to cause severe injury, harm suffering or death to another 

            aforethought is thought about or planned beforehand 

    In MD there’s only two degrees of murder

            first degree murder is the intentional killing of another person that is premeditated, deliberate, or             willful 

            second degree murder is the murder of someone that was intentional but not planned 

Rape

    non-consensual sexual penetration (vaginal, anal, or oral) of a person by any body part or     object

    In MD there’s two degrees of rape

            first degree rape is sexual intercourse without consent and with use or threat of danger or a             dangerous situation and/or the victim is under 13 and the perpetrator is over 18

            second degree rape is forced sexual intercourse with a mentally or physically             helpless/incapacitated person and/or the victim is under 14 and the victim is at least 4 years             older

Manslaughter

    homicide without malice while committing the wrongful act

            in MD there’s two statutes that constitute as federal manslaughter

                    voluntary manslaughter is killing in the "heat of passion" following adequate provocation

                    involuntary manslaughter is An unintentional death caused by reckless or negligent                     behavior

Robbery

    larceny committed while (1) the property is taken from the person or in the presence of the owner,     and (2) the taking is accomplished with the use of force or putting the owner in fear.

Sodomy

    general sexual offenses

Larceny

    the intent to permanently deprive the other of his/her possessory interest in the property

Arson

    the burning of the dwelling house of another with malice  

Mayhem

    the disfigurement of any part of the body

Burglary

    the trespassory breaking and entering the dwelling house of another in the night time with the intent     to commit a felony therein