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Criminal Law

Criminal law, also known as penal law, involves the prosecution of persons accused of committing crimes. When a person is arrested, these laws require that the arresting police officers must follow certain rules and that the prosecutor prove guilt beyond a reasonable doubt. If you have been arrested or are accused of a crime, you should immediately contact a criminal lawyer. A criminal lawyer can ensure the protection of your legal rights and make sure that the prosecutor meets this burden of proof when presenting a case for your innocence.

The Definition of a Crime

In the United States, crimes are established at the local, state and federal levels. State and local laws are unique to the jurisdictions in which they are created. As a result, laws differ significantly from state to state, and attorneys must pass exams and be licensed in a state in order to practice there.

Who Establishes Crimes?

In the 1800s, laws created by the judiciary (common laws) came under scrutiny because they shifted the balance of power in favor of the judicial branch of government. Today, most states have eliminated common laws, and crimes are established solely by the legislative branch.

Types of Crimes

The government divides crimes into three categories: felonies, misdemeanors and infractions. The most serious of these crimes are felonies, with misdemeanors next in severity and infractions being the least serious. With the exception of cases in which the accused is mentally ill, all defendants have the right to defend themselves in court. Most defendants, however, choose to have a criminal defense attorney represent them.

  • Felonies. The most serious of crimes, such as murder and rape, are classified as felonies. Felonies are divided into various sub-categories that address factors such as repeat offenses and the manner in which the crime is committed. Felonies typically carry a jail sentence of at least one year. Almost all defendants accused of a felony hire a criminal defense attorney
  • Misdemeanors. Crimes classified as misdemeanors are not as serious as felonies. Punishment for a misdemeanor may include a fine, jail time of less than a year or both. In many jurisdictions, misdemeanors are divided into three sub-categories: high (or "gross"), ordinary and petty. Although misdemeanors are not as serious as felonies, many people who are accused of misdemeanors choose to hire a criminal lawyer to defend them
  • Infractions. Crimes classified as infractions involve minor offenses such as traffic law violations. In most states, infractions are not punishable by jail time. Even in those states where jail time is a possibility, this rarely occurs in practice. People accused of infractions seldom hire a criminal defense attorney

Punishment for Crimes

In determining the punishment for a crime, the judge uses guidelines established by law makers and considers the defendant's prior criminal record. In addition, the judge considers whether any aggravating circumstances exist; examples of aggravating circumstances include:

  • Cruelty
  • Malice
  • Intent
  • Reckless disregard for well-being of another
  • Acts committed against members of a protected class (minority, senior citizen, minor, handicapped, etc.)

Search and Seizure

The Fourth Amendment to the U.S. Constitution limits the actions of police in order to protect the privacy of the people. This amendment prohibits the police from conducting unreasonable searches and seizures. Which means that in situations where people have a reasonable expectation of privacy, police must have probable cause to believe someone committed a crime before performing a search or seizure. Evidence seized as a result of an unreasonable search cannot be used to prosecute an individual.

The Criminal Arrest Process

The criminal arrest process can involve many participants (the accused, the police, the prosecutor, bail bondsmen, criminal defense lawyers, the judge and others) and typically consists of the following steps:

  • Arrest
  • Booking
  • Bail
  • Arraignment and sentencing - if the accused pleads guilty, this is the final stage

The following are subsequent steps that can occur in any court case:

  • Plea bargain
  • Preliminary hearing
  • Pre-trial motions
  • Trial
  • Sentencing
  • Appeals

Miranda Rights

In the landmark 1966 case Miranda v. Arizona, the Supreme Court ruled that police must inform suspects of their legal rights before arresting them. These rights, which have since come to be known as "Miranda rights," consist of the following statements:

  1. You have the right to remain silent and to refuse to answer questions
  2. Anything you do say may be used against you in a court of law
  3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future
  4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish
  5. If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney

Your Legal Rights

The law is designed to protect people accused of crimes. Prior to arrest, the police are required to read the rights of the accused aloud. In addition, the Fourth Amendment to the U.S. Constitution provides protection against illegal search and seizure. All defendants have the right to an attorney and a speedy trial, and even once the trial has begun, the accused has many protections. Any deviation from these procedures on the part of any member of the legal system may violate the defendant's rights and may impact the charges against the defendant. To find out more about your legal rights, contact an experienced criminal lawyer today.

[Last revision: March 4, 2008]



Did You Know?

Laws differ significantly from state to state, and attorneys must pass exams and be licensed in a state in order to practice there.

Violent Crimes

Although FBI figures show that the rate of violent crime increased 1.3 percent from 2004 to 2005 (latest figures available), the latest National Crime Victimization Survey shows that both violent crime and property crime have dropped significantly since 1994.