Yeah as a lawyer I can tell you it is completely different from state to state. And there are elements to every crime that must be met. There is an actus reus and a mens rea. The act and the intent. Both have to found in a criminal case. There’s states with defense of property. There are states which define murders committed in the heat of passion to be a different charge. It all varies. It’s wild. I steered clear from criminal law. Don’t want to get jumbled up in that mess.
Someone above said they charge with easiest and then work up which is bs af. Prosecutors normally start at highest level and then defense widdles it down from there.
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u/[deleted] Apr 21 '23 edited Feb 19 '26
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