Violent Crimes
Overview
A crime of violence occurs when an offender uses or threatens to use violent force upon a victim. Classifying an offense as a violent crime does not require that the offender used a weapon. The United States Department of Justice Bureau of Justice Statistics (BJS) has identified five categories of violent crime: murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault.
Murder and Non-Negligent Manslaughter
While the precise definition of murder varies among jurisdictions, states generally define murder as the illegal killing of another human being with malice aforethought. In order to be found guilty of murder, a defendant must have committed the act with the intent to kill. Thus, if a defendant unintentionally or accidentally caused the death of another, the death is not classified as murder, but may qualify as involuntary manslaughter or negligent homicide. Non-negligent, or voluntary manslaughter is defined as murder without premeditation. If the killer intended to kill because the victim provoked him, the killer may be guilty of non-negligent manslaughter. Additionally, if the killer suffered from diminished capacity at the time of the death, the charge may be mitigated from murder to non-negligent manslaughter.
Forcible Rape
The US Department of Justice defines forcible rape as forced sexual intercourse involving vaginal, oral or anal penetration by an offender through psychological coercion or physical force. This definition encompases instances where the offender cause the penetration with a foreign object, as well as attempted rapes and verbal threats of rape. Although this definition is gender neutral, older definitions were gender specific and sexual attacks on males were often classified as aggravated assault. Statutory rape and other sex offenses are not generally classified as violent crimes.Robbery
Robbery is the seizing of property by violence or intimidation. Thus, the robber must use force or threats of force to obtain the property of another. Robbery is distinguished from theft and larceny by the requirement that the taking of property be by means of violence or intimidation. The degree of violence or intimidation need not be extreme to classify the crime as robbery. Additionally, the value of the property taken may be nominal.
Aggravated Assault
Aggravated assault is an unlawful attack by a person against another for the purpose of inflicting serious bodily injury. Serious bodily injury is generally defined as a wound that breaks the skin. Aggravated assault is typically accompanied by the use of a weapon. Attempted aggravated assault that involves the use of a weapon, even if the weapon is merely flashed or used to make a threat, is classified as a crime of violence. Aggravated assault is distinguished from simple assault by the seriousness of the injury to the victim, the offender's intent and the use of a deadly weapon.
Recent Increase in Violent Crime
The BJS has reported that while the rate of violent crime declined steadily between the years 1994 and 2000, it began to rise slightly in 2001 and increased significantly in 2005. While forcible rape decreased 1.9 percent from 2004, murders and non-negligent manslaughters increased 4.8 percent, robberies increased 4.5 percent and the number of aggravated assaults rose 1.6 percent. According to the BJS, the rise in violent crime appears to be limited to smaller to medium-sized cities and may be linked to the spread of gangs into smaller cities with fewer law enforcement resources.
