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LSDefine

Simple English definitions for legal terms

substantive offense

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A quick definition of substantive offense:

A substantive offense is when someone breaks the law and commits a crime. This can be a minor crime or a more serious one, like stealing someone's property. Sometimes, two crimes can be so similar that if someone commits one, they automatically commit the other. In English law, an arrestable offense is one that can result in imprisonment for five years or more.

A more thorough explanation:

A substantive offense is a violation of the law, also known as a crime. It can be a minor offense or a serious one, such as a felony. The terms "crime," "offense," and "criminal offense" are often used interchangeably.

  • Acquisitive offense: This refers to crimes that involve the unlawful appropriation of someone else's property, such as theft or larceny.
  • Allied offense: This is a crime that has elements similar to another crime, and committing one automatically means committing the other. For example, assault and battery are often considered allied offenses.
  • Anticipatory offense: This refers to inchoate offenses, which are crimes that involve preparing to commit a crime. For example, attempting to rob a bank is an anticipatory offense.
  • Arrestable offense: In English law, an offense for which the punishment is fixed by law or for which a statute authorizes imprisonment for five years, or an attempt to commit such an offense. This category was created in 1967 and abolished the traditional distinction between felonies and misdemeanors.

These examples illustrate the different types of substantive offenses that can be committed. They show that substantive offenses can range from minor crimes like theft to more serious crimes like assault and battery. They also show that there are different categories of offenses, such as inchoate offenses and arrestable offenses, that have their own unique characteristics.

substantive motion | substantive right

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