If you’ve been charged for a criminal offense, it’s smart to do your research on criminal law in order to educate yourself and protect your rights. There are several aspects of criminal law that you can learn about through your own research –language of the law, handling your arrest, types of evidence, etc. – but the best way to understand the basics of criminal law is through a qualified criminal defense attorney.
Criminal law is the body of law that relates to crime. Criminal law may be defined as the body of rules that defines conduct that is not allowed because it is deemed to be threatening, harmful or endangering to the safety and welfare of people. Criminal law also defines the appropriate punishment to be imposed on people who do not obey these laws.
In short, criminal (defense) law dictates what conduct is dangerous to people or damaging to society.
The following article from FindLaw.com presents some important criminal law basics and briefly explains the criminal defense process to help better your understanding of criminal law. Get familiar with the basics of criminal law so you know your rights if you’re arrested for a criminal offense.
Criminal Law – The Basics
For most people, familiarity with criminal law comes in fragments — from movies, television, and books. But when we become personally involved in the criminal law system, real-life issues come into focus and the need for information and assistance can arise quickly. This overview discusses the basics of criminal law: criminal statutes, criminal law players and procedure, and the potential outcome of a criminal case. Links to additional introductory information on criminal law are also provided.
Criminal Laws and Their Sources
When a society and its government decide that certain conduct is dangerous to citizens, or damaging to the society as a whole, such conduct is labeled a “crime” and is made punishable by sanctions such as fines and imprisonment. Most crimes are identified in statutes that have been enacted by federal, state, and local government legislatures, in response to issues that affect the jurisdiction. For example, a city may determine that it is a crime to be drunk in public, while the federal government decides bank robbery is a federal crime, since most banks are federally insured.
Criminal statutes describe the type of conduct that has been deemed a crime, the mindset or intent required, and in some instances, the proper punishment. For example, the following “Burglary” statutes are from the California Penal Code:
Section 459. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, [etc.]…with intent to commit grand or petit larceny or any felony is guilty of burglary.
Section 461. Burglary is punishable as follows:
- Burglary in the first degree: by imprisonment in the state prison for two, four, or six years.
- Burglary in the second degree: by imprisonment in the county jail not exceeding one year or in the state prison.
People who are found to have violated a criminal law — whether through their own admission by a “guilty” plea, or as a result of a jury trial — can be punished through imposition of fines, imprisonment, probation, and community service, among other penalties.
The Criminal Law System: Players and Procedure
The criminal law “system” encompasses the entire criminal process itself — from investigation and arrest, to conviction and sentencing — and the people who play a role in that process: the accused, police officers, prosecuting attorneys, bail bondsmen, criminal defense attorneys, judges, witnesses, probation officers, and corrections officers.
At all stages of the criminal process, a person suspected of or charged with a crime is entitled to certain fundamental rights that derive from the U.S. Constitution and key court decisions. These include the right to an attorney and the right to a speedy jury trial. These constitutional rights provide a balance between the government’s interest in ensuring that criminal behavior is identified and punished, and the fundamental need to preserve and promote the individual freedoms that characterize a democratic society.
The Outcome: How Might a Criminal Case End?
The outcome of any criminal case depends upon the crime charged, the strength of the evidence, the legal validity of law enforcement and courtroom procedure, and the goals and strategy of the government and defense. When all is said and done, there may be no legal consequence for a person charged with a crime, because the charges are dismissed, or a full-fledged jury trial might result in a criminal conviction.
Some potential outcomes of a criminal case are:
- A criminal investigation ends with no arrest.
- An arrest occurs, but the case is dismissed because the police illegally seized the only evidence of crime.
- A person is arrested and charged with a crime, then enters into a plea bargain with the government, agreeing to plead “guilty” in exchange for some form of leniency, such as a lighter sentence.
- A person is brought to trial and found “not guilty,” or acquitted, by a jury.
- A person is convicted by a jury and sentenced to a long prison term.
The elements that make up a criminal offense depend on the type of crime. Generally speaking, there are two elements of criminal defense law that are necessary: the defendant must have committed an illegal act; and the defendant must have committed the act with intention.
Types of crimes can be broken down into three categories: felonies (most serious offenses), misdemeanors (typically punishable with less than a year of jail time) and infractions (non-violent crimes and less serious offenses).
Examples of felonies include:
Examples of misdemeanors include:
- First-time DUI/DWI
Examples of infractions include:
- Speeding ticket
- Reckless driving
- Parking ticket
If you’ve been charged for criminal offense, especially if it’s a serious crime, it’s very important that you seek legal counsel from an experienced criminal defense lawyer. The attorneys at Revelli & Luzzo are criminal defense attorneys that can help educate you on criminal law basics as well as fight for your rights if you need representation. Call our criminal law attorneys – we can help you.