Criminal Law
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Answered in 28 minutes by:
8/7/2013
Isaac, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 45,368
Experience: I provide general practice and mediation & arbitration services to my clients.
VerifiedThank you for your question. Please permit me to assist you with your concerns.
A party that is in commission of a felony generally cannot press charges against a third party. However the third party can be subsequently charged themselves if they do commit a crime. In your example if someone robs a bank, they have committed robbery. If that person jumps into a car and is subsequently car-jacked and likewise robbed of his ill-gotten gains, that other person can be charged criminally also because those are separate and unrelated events. The first party cannot use the behavior of the subsequent person to somehow limit his own culpability--it is not an excuse or reason that the courts would accept.
Good luck.
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
VerifiedHi. It will be my pleasure to assist you with your question today.
There is no law that requires that the victim of a crime be without fault or not committing a crime in order for the crime to be charged and prosecuted. There may be circumstances that give rise to defenses and situations where elements are negated based on the circumstances, but a crime can be charged against anyone who has committed a crime.
In the situation you describe if you did not pay the prostitute, then this would not be a crime as she had no claim to the money because such a transaction is illegal. However, if you took money from her that was hers before the encounter then that would be theft and you could be charged.
It is true that victims of crimes are sometimes reluctant to press charges because doing so might reveal illegal conduct on their part and they would need to confess or admit to the illegal conduct which could result in criminal charges being brought against them.
Please feel free to ask any follow-up questions.
There is no law that requires that the victim of a crime be without fault or not committing a crime in order for the crime to be charged and prosecuted. There may be circumstances that give rise to defenses and situations where elements are negated based on the circumstances, but a crime can be charged against anyone who has committed a crime.
In the situation you describe if you did not pay the prostitute, then this would not be a crime as she had no claim to the money because such a transaction is illegal. However, if you took money from her that was hers before the encounter then that would be theft and you could be charged.
It is true that victims of crimes are sometimes reluctant to press charges because doing so might reveal illegal conduct on their part and they would need to confess or admit to the illegal conduct which could result in criminal charges being brought against them.
Please feel free to ask any follow-up questions.
Thank you for your response.
That particular scenario would likely be difficult to prosecute as a theft or robbery. The problem stems from the contract being illegal and unenforceable. However, the prosecution may argue that you gave her the money willingly, such that the money became legally hers and she did not steal it from you. (However, this is not entirely clear as can be seen from the results in this case http://www.rawstory.com/rs/2013/06/06/texas-jury-says-its-cool-to-murder-prostitutes-for-not-having-sex-with-you/) Likewise when you demanded the money back and she complied, then that would not be theft if she did so willingly. However, if she was in fear or states you threatened her in any way then that may be larceny or robbery.
A prosecutor in this case might avoid the entire whose money is it issue by charging any associated or lesser included crime, such as assault, that the circumstances might reveal rather than as a theft or larceny.
Let me know if you need any further information.
That particular scenario would likely be difficult to prosecute as a theft or robbery. The problem stems from the contract being illegal and unenforceable. However, the prosecution may argue that you gave her the money willingly, such that the money became legally hers and she did not steal it from you. (However, this is not entirely clear as can be seen from the results in this case http://www.rawstory.com/rs/2013/06/06/texas-jury-says-its-cool-to-murder-prostitutes-for-not-having-sex-with-you/) Likewise when you demanded the money back and she complied, then that would not be theft if she did so willingly. However, if she was in fear or states you threatened her in any way then that may be larceny or robbery.
A prosecutor in this case might avoid the entire whose money is it issue by charging any associated or lesser included crime, such as assault, that the circumstances might reveal rather than as a theft or larceny.
Let me know if you need any further information.
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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