
Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case, the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.
A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.
Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown. See Title 18.
All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea". Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50%. Call us to speak to a criminal law attorney free of charge.
 
a local Spokane attorney
Aaron M. Rasmussen
Practice Areas
Criminal Law: DUI/DWI, Criminal Traffic (Reckless Driving, Felony Eluding, etc.), Domestic Violence, Drug Offenses, Sex Offenses, Theft, Robbery, Burglary, Assault, Homicide, and all Felonies and Misdemeanors
Juvenile Law: Representation of Juveniles Charged with Criminal Offenses
Appellate Work: Appeals of all Criminal and Juvenile cases
Education
Gonzaga University School of Law, JD, graduated cum laude
Oberlin College, BA, History
Professional
Associations
- Licensed to practice law in the State of Washington and the United States District Court for the Eastern District of Washington
- Member, Spokane County Bar Association
- Member, Washington Association of Criminal Defense Lawyers
- Member, WSBA Family Law Group
About Aaron M. Rasmussen
While still in law school Aaron developed a passion for criminal defense work working for the Spokane County Prosecutor's Office. There is a common misconception in our society that the legal system protects the rights of the accused. That is not true – the system is indifferent, if not openly hostile to the rights of the average citizen. It is the criminal defense attorney that protects the rights of the citizens and ensures that the government must abide by the boundaries set by the constitution.
After graduating from Gonzaga University School of Law, Aaron went to work for a small local firm where he practiced criminal defense and personal injury law. After two years of fighting both the government and the insurance companies, he decided to start his own firm so that he could focus entirely on criminal defense. Now he devotes himself full time to defending the rights of citizens who have been accused of committing a crime.
Aaron and his wife, Meaghan, make their home in Spokane, Washington, where they enjoy spending camping, bicycling and playing music. They are expecting their first child next March.
Free Initial Consultation
Contact Aaron at (509) 252-9160
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