Criminal Law Newsletters

AGGRAVATED SEXUAL ASSAULT

A person commits the offense of aggravated sexual assault when he or she intentionally or knowingly, without another person's consent, causes the penetration of the anus or the female sexual organ of another person, causes the penetration of the mouth of the other person with a sexual organ, or causes the sexual organ of the other person to contact or to penetrate the mouth, anus, or sexual organ of the person or any other person.

Capital Punishment or the Death Penalty

In 2003, 65 inmates were executed by way of capital punishment or the death penalty. Capital punishment is punishment by death for capital crimes. This type of punishment is available in 38 states. Capital punishment is available for certain federal offenses.

Criminal Forfeitures and Attorney Fees

Although a defendant has a right to an attorney and although the attorney has a right to be compensated for her services, the defendant does not necessarily have the right to transfer an asset to that attorney in lieu of payment when the asset may be subject to criminal forfeiture. Generally, the defendant may transfer an asset for compensation to her attorney if:

Defendants and Sentencing with Respect to Convictions of Violating Environmental Statutes

There are three types of defendants that may be charged in a case involving a violation of an environmental statute. The three types of defendants include corporations, corporate officers and individuals.

Hybrid Representation and the Standby Attorney

Hybrid representation is where the defendant serves as co-counsel with an attorney. The defendant does not have a constitutional right to hybrid representation. It is within the trial court's discretion to grant the defendant's request for hybrid representation.