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Federal Criminal Law Terminology: "Crime of Violence"

Many federal crimes contain the phrase, "crime of violence." It's important to know what constitutes a "crime of violence."

The phrase is defined in 18 USC 16, as meaning an offense that has an element of the use, or attempted use, or threatened use of physical force against the person or property of another, or any felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

An example of the use of force in the first instance would be an assault and battery against a person, whether actually done, or attempted or threatened.

An example of another felony involving a substantial risk of physical force against the person or property would be an armed robbery.

A "crime of Violence" usually carries with it a more severe punishment in both length of prison time and the amount of a fines, but a person with a previous conviction of a crime of violence will have this factor weighed in a federal or state bail hearing if arrested later.

An adult -- a person 18 years or older -- who intentionally uses a person under age 18 to commit a crime of violence or to assist him in avoiding detection or apprehension for a crime of violence, may be punished by imposition of a sentence that is twice the maximum term of imprisonment for the crime, and three times the maximum sentence for the crime if already convicted in the past of using a minor to commit a crime.

If you need more information, or want to schedule a free consultation with a Virginia federal criminal defense lawyer about your case, or a charge involving a loved one, complete and send the "contact us" form on this page, or call 804-726-4778.

Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

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