Criminal Law: An Overview

 

A crime is any behavior that is punishable by incarceration and/or fine. At some point in everyone's life, they will find themselves affected by the criminal justice system. This contact ranges from a simple traffic ticket to an offense with the risk of incarceration

 

There are two types of criminal offenses - misdemeanors and felonies.

 

There are also crimes prosecuted on the Federal level on issues that pertain to serious crimes such as kidnapping and drug convictions. In recent years the list of Federal crimes has grown.

 

Our office aggressively fights cases in which clients are innocent and work hard to lessen penalties for our clients.

 

Criminal Defenses Fall Into Two Major Categories: Misdemeanor and Felony

 

What Is A Misdemeanor?

Misdemeanors are offenses that have a penalty that can include up to one year in jail. The least serious offenses, such as most traffic offenses, are considered infractions for which the penalty is generally under $100.00 fines. These offenses are generally quick and simple to define and resolve.

 

Most misdemeanors are handled by the issuing of a citation from an arresting officer or a complaint filed by a prosecutor. The citation or complaint includes a short statement of the offense with which you are charged, and states whether the offense is an infraction, a misdemeanor, or a felony.

 

Misdemeanors include possession of marijuana, petty larceny (shoplifting) assault and battery, and misdemeanor bad check. Also, several serious traffic offenses (DUI, driving on suspended, reckless driving, etc.) are listed as misdemeanors.

 

What Is A Felony?

Felonies are defined as criminal offenses with maximum penalties greater than one year in prison. Felony charges include murder, malicious wounding, and armed robbery, as well as grand larceny, possession of cocaine or heroin and other serious charges.

The classification of crime as a felony is based upon the maximum sentence provided by law - not by what a court actually imposes as a sentence for the crime.

 

Each state and the federal government have their own criminal codes. The elements of a particular crime can vary, as can the sentencing classification

 

How Can I Be Defended In A Criminal Case?

 

Our office can effectively defend your case in the following areas:

• By showing that the evidence does not prove all the elements against you of the crime charged.
• By showing that the primary evidence against you was collected unlawfully by the
• police or prosecutors, and thus cannot be used at the trial.
• By showing that the primary evidence against you is unreliable, and thus
• cannot be used to convict you.
• By showing that you have another defense to the crime charged.
• Plea Bargaining is also important in what we do. We may help you in the following ways:
• Defending you aggressively to persuade the Prosecutor/DA that their case is weak, and a plea bargain is better than them losing the case.
• Persuading the Prosecutor/DA that the severity of the crime is not what they thought, and you would agree to a lesser crime or sentence.
• That you have lots of good points as a person and you deserve a lesser sentence or charge in crime.