Criminal Law Newsletters
AGGRAVATED ROBBERY
A person commits the offense of aggravated robbery when he or she during the course of a theft, which theft is committed with the intent to obtain or maintain control of property, intentionally, knowingly, or recklessly causes serious bodily injury to another person, uses or exhibits a deadly weapon, or causes bodily injury or threatens to cause injury to an elderly or a disabled person.
Criminal Violations of the Federal Mine Safety and Health Act of 1977
The Federal Mine Safety and Health Act of 1977 (MSHA) provides for enforcement of by way of civil penalties, criminal penalties, or administrative enforcement methods. MSHA was enacted to protect mining workers. When a violation of the MSHA is claimed, an investigation is conducted regarding the allegations of the violation. If a criminal division determines that a case referred to it warrants prosecution, the case will be referred to the office of the United States Attorney.
FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT
A person commits the offense of a false statement to obtain property or credit when he or she intentionally or knowingly makes a materially false or misleading statement to obtain property or credit on behalf of himself or herself or on behalf of another person. The false or misleading statement must be in writing.
Hobbs Act Generally
The elements with respect to a violation of the Hobbs Act are as follows:
1. Obstruction or effect on interstate commerce. 2. An attempt, conspiracy or completed robbery or extortion is committed. 3. The use of actual or threatened violence or injury to an individual or property.
Self-Representation
A criminal defendant has a right to represent herself during criminal proceedings. Self-representation is a right afforded in both state criminal proceedings and federal criminal proceedings. The defendant has a right to represent herself and that right is implied within the purview of the Sixth Amendment to the United States Constitution. Self-representation is also referred to as pro se defense.
