We often associate crimes or offenses as being violent because that’s what we see on popular media or in breaking news. But that is not the case in every situation. There is a list of non-violent offenses that the US Penal Code recognizes. Generally, non-violent offenses are those crimes that do not use force or injury to the victim. In this article, we will discuss the non-violent offenses recognized by the US criminal justice system.
What are Non-Violent Offenses?
Non-violent offenses are criminal acts in which there is no injury or force on the victim. Generally, the victim tends to experience property loss or property damage like arson, burglary, and carjacking. Other kinds of non-violent offenses fall under the same category. Here are some mentioned below.
- Property crimes like theft, robbery or embezzlement,
- White-collar crimes like fraud and tax evasion,
- Alcohol or drug-related crimes,
- Bribery
- Gambling
- Traffic offenses like speeding or Driving Under the Influence (DUI)
What is Proposition 57 for Non-Violent Offenses?
Proposition 57 has been passed by a majority of California voters in 2016. Moreover, it has been noted to do three things. First, it permits early parole consideration for individuals in state prisons with non-violent convictions.
Second, it gives the California Department of Corrections and Rehabilitation (CDCR) the ability to award additional good conduct and program credits to prisoners for approved rehabilitation and educational opportunities.
Third, proposition 57 also eliminates the presumption that juveniles aged 14 to 17 who have committed serious crimes shall be prosecuted in adult court. It also gives the judge (not the DA) the power to decide when juvenile cases shall be transferred to adult court.
However, it is still being determined whether adult prisoners will benefit from this new law or when its provisions will be implemented. However, the text only states that it shall apply only to those convicted of non-violent offenses.
But, many have doubts about what offenses are categorized as non-violent. Generally, no provision or section in the California Penal Code defines non-violent offenses. However, violent offenses are mentioned under Penal Code § 667.5(c). So, does this mean that if an offense is not listed under Penal Code § 667.5(c), it is considered a non-violent offense and is eligible for Prop 57 relief?
Some case laws state the same. People v. Arroyo (2016) 62 Cal.4th 589, 593 is one of the significant case laws regarding the official ballot pamphlet within the “Argument Against Proposition 57”. This pointed out the absurdity of defining “non-violent offenses” by simplistic conclusion, meaning any crime not listed under Penal Code § 667.5(c). So, Arroyo seemingly makes what has been seen as absurd regarding the unambiguous “indicia of voters” intentions.
More About Prop 57
Many individuals tend to worry about the term “non-violent offenses” being too ambiguous to be enforceable. More importantly, Proposition 57 is considered an amendment to the California Constitution. This concerns whether the statute Penal Code § 667.5(c) defines a constitutional term. Moreover, this would seem to violate the fundamental separation of powers.
Individually, what if the legislature approaches to amend the Penal Code § 667.5(c)? Will that be allowed? The coming CDCR regulations shall address important questions like this to clarify what non-violent offenses mean.
But, also, the procedures for defining what parole considerations mean and what is meant by the entire term of the primary offense include and exclude within the length of parole under Prop 57. Moreover, CDCR regulations are eagerly awaited by many, especially those in prison who stand to benefit or the family members of these prisoners.
Common Types of Non-Violence Offenses
As we discussed before, whenever we hear about a criminal committing an offense, we generally think they are violent. Studies showcase that individuals in the US assume that the crime rate is even higher compared to the data showcased. However, violent crime is at a low rate, and there’s been a steady and sharp decline in the same since 1993.
Criminals are generally not always dangerous individuals. People facing criminal charges or convictions are typically ordinary citizens who have been in the wrong place and time or have made bad judgments. Moreover, many who commit crimes are not violent or want to cause any physical harm to others. Statistics related to crime show that non-violent offenses are more widespread compared to violent offenses.
Here are some of the common non-violent offenses that are committed within the US.
Property Crimes
Property crimes fall under the provision of non-violent offenses. They generally include common offenses that involve taking or causing the destruction of someone’s personal property. So, it is also referred to as vandalism. Property crimes tend to include a variety of offenses. These are:
- Larceny
- Shoplifting
- Criminal mischief
- Armed robbery
- Burglary
- Arson
- Theft
Property crime charges tend to vary in severity, which depends upon a variety of factors. These factors include using force, the value of the property stolen or destroyed, or the involvement of deadly weapons.
Moreover, property-related crimes have fallen 48% from 1993 to 2016 in the United States.
Drug Crimes
Drug crimes are other non-violent offenses that do not involve the usage of violence or force. An individual might be charged with a drug crime if they are found guilty of simple possession of drugs. Moreover, the intent for distribution can appear from the amount or weight of the drugs. So, the greater the quantity of drugs, the more likely one is to infer that it pertains to more than personal usage.
Here are some factors that might lead to a charge or conviction of drug crime.
- Possession
- Trafficking
- Manufacturing
- Cultivation
Possession of illegal drugs can put someone behind bars, even when they are not violent in their stance. Medicines that are convicted include marijuana, heroin, cocaine, methamphetamine, MDMA, PCP, and LSD.
White Collar Crimes
Another non-violent criminal offense is white-collar crime. This offense is characterized by its offenders. White-collar crimes are usually committed by individuals holding powerful positions. Moreover, this offense is generally committed by individuals seeking personal or financial gain through illegal financial means. Some common examples of white-collar crimes are included below.
- Insurance fraud
- Tax evasion
- Embezzlement
- Money laundering
- Insider trading
- Credit card fraud
The very notion of coining the term “white collar crime” meant that individuals belonging to the upper classes of society usually committed the crime. In modern times, white-collar crimes are typically committed by individuals working in the corporate sector.
Cyber Crimes
Cybercrime is another non-violent offense that is committed with the assistance of a computer, network, or networked device. Most cybercriminals make use of this offense to generate a profit. However, some cybercrimes are involved against computers or devices for directly damaging or disabling them. Some of the common cybercrimes are mentioned below.
- Phishing
- Identity theft
- Hacking
- Extortion
- Harassment and cyberbullying
- Copyright infringement
Even though none of those mentioned above offenses involve violence or force, it does have the capacity to put you in severe legal consequences if charged or convicted of doing the same.
Final Thoughts
Now, you are well-versed with various non-violent offenses that are recognized by the US criminal justice system. In the Penal Codes across states of the US, you’ll generally not find a provision that mentions non-violent crimes. However, you’ll see that violent offenses have a particular section assigned. In such incidents, we typically categorize the crimes not listed under violent offenses as non-violent offenses. However, we suggest that consulting a criminal defense attorney will be the best course of action if you’re facing a charge or conviction of committing a non-violent offense.
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