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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - crime of violence
Definition of crime of violence
A crime of violence refers to a criminal offense that involves the actual use, attempted use, or threatened use of physical force against another person or their property. It can also include certain serious felonies that, by their very nature, carry a significant risk that physical force might be used during the commission of the crime. The key element is the presence or potential for physical harm or intimidation.
- Example 1: Robbery with a Weapon
Imagine a situation where an individual enters a bank, points a replica firearm at a teller, and demands money. Even if the firearm is not real, the act of brandishing it and making demands constitutes a threat of physical force designed to intimidate the victim into compliance.
Explanation: This scenario illustrates a crime of violence because the perpetrator used the threat of physical force (the perceived weapon and demands) against another person to commit a theft. The intent was to instill fear and coerce the victim.
- Example 2: Aggravated Assault
Consider a bar fight where one person intentionally strikes another with a glass bottle, causing a deep laceration that requires stitches and leaves a permanent scar.
Explanation: This is a clear example of a crime of violence because it involves the actual use of physical force (striking with a bottle) against another person, resulting in significant bodily injury.
- Example 3: Carjacking
Suppose a driver is stopped at a red light when another individual approaches their car, forcibly pulls them out of the driver's seat, and then drives away with the vehicle.
Explanation: This act qualifies as a crime of violence because it involves the actual use of physical force (forcibly removing the driver) against a person to take possession of their property, directly endangering the victim.
Simple Definition
A crime of violence is a legal term for an offense that involves the use, attempted use, or threatened use of physical force against another person or property. It also encompasses certain felonies that, by their nature, carry a significant risk of physical force being used.