Criminal Law

Criminal law is one of the core pillars of any nation’s legal system. Criminal law practitioners seek to prosecute and/or defend people suspected of committing criminal offenses. The severity of a conviction depends on the circumstances of individual cases.

This guide provides a comprehensive overview of criminal law for legal professionals and anyone curious about the legal system. Use this guide to gain useful insights into differences between felonies and misdemeanors, rights and obligations awarded to suspects, and how longs a criminal trial lasts.

Criminal law refers to cases where suspects are charged with endangering innocent lives. Risks to public safety are not always limited to physical crimes. Both emotional and psychological damage inflicted on innocent victims are subject to the penalties of criminal law.

There are different categories of criminal law. Serious criminal acts are deemed felonies by prosecutors, which are susceptible to the harshest penalties of the legal system. Less serious charges are misdemeanors, infractions, or other minor offenses. These minor charges carry less severe punishments.

Judgments issued for criminal charges are done so in the interests of the public. Laws are enforced to maintain peace, order, and public safety.

As a practice, criminal law exists to protect the innocent and punish the guilty. Within the scope of the criminal legal system are a number of common terms that define various crimes, charges, and scenarios.

Here’s a quick overview of some of the most prevalent terms in criminal law.

There are two principal categories of criminal law. Serious offenses that threaten public safety are known as felonies, while minor offenses for general mischief are called misdemeanors by the courts.

Here’s a quick overview of the two classes of criminal charges.

In criminal law, felonies are serious crimes that carry punishments of at least one year or more in prison. Convictions for felony charges may result in the suspension of civil rights.

Examples of felony crimes include but are not limited to the following:

• Murder;
• Kidnapping;
• Arson;
• Rape;
• Drug dealing;
• Aggravated assault;
• Manslaughter; and
• Resisting arrest.

Prosecutors dedicate copious resources towards prosecuting felony charges. Suspects facing criminal law prosecution for felony charges are often made examples of by the justice system.

In contrast to serious felony charges, misdemeanors are criminal acts where the damage inflicted upon victims is less significant. Punishment for misdemeanor crimes typically amounts to less than a full year in prison.

Common examples of misdemeanor crimes under criminal law include the following:

• Trespassing;
• Vandalism;
• Disorderly conduct;
• Driving under the influence;
• Public intoxication;
• Burglary;
• Theft; and
• Disturbing the peace.

In some cases, suspects convicted of misdemeanor charges in criminal law may avoid imprisonment altogether. Many misdemeanor penalties are imposed in the form of fines that suspects pay the courts to issue their release from the criminal justice system.

Within criminal law, felonies and misdemeanors are further segmented into different types of criminal acts. As a result, different types of criminal defenses can be made before the courts to plead a case.

Here’s an overview of the different types of criminal defenses that you can make depending on the details of the case.

Personal crimes describe any action that may endanger an innocent person or the lives of a group of innocent people. Under criminal law, these actions can amount to physical harm, psychological harm, or emotional abuse that poses any harm to the victims.

Defending personal crimes in a court of criminal law requires counsel to argue the defendant's perspective on the evidence. Use documents, witness statements, and the defendant’s own testimony to present a provable story to the judge or jury in an effort to minimize the charges.

Any criminal act that results in damage to a victim’s personal property is subject to charges of property crimes. In a court of criminal law, arguing a defense against such property crime charges will depend on the particular circumstances of the case.

Two of the most common criminal law defenses against property crimes are mistake of fact and coercion defenses. In the case of the former, counsel will argue that the defendant made an honest mistake and had no intention of causing any property damage. In the case of the latter, counsel will argue their client was compelled by another party to engage in criminal mischief.

Inchoate crimes are rather common, but the name itself is one of the lesser-used terms in criminal law. Inchoate crimes are actions taken by suspects to engage in more serious crimes, though they may ultimately opt out of following through on their intent. The most common examples of inchoate crimes are attempt, conspiracy, or solicitation.

Within a criminal law court, the most commonly used defense against inchoate crimes is that the defendant abandoned their intent. Therefore, the defense will argue that their actions demonstrate a choice not to commit a criminal act and that any inchoate charges should be dropped.

Statutory crimes refer to any act by an individual that violates statutes within the bounds of criminal law. Statutory crimes not only encompass felonies and petty misdemeanor charges. They also refer to actions that violate legal duties, such as ignoring a summons to appear before a judge.

Criminal law defenses against statutory charges involve the attempt to prove that other external factors contributed to the criminal acts. Commonly cited reasons include intoxication, provocation, or entrapment as reasons that justify the accused actions. In many statutory crime cases, counsel will negotiate a plea bargain to achieve a more lenient sentence from the courts.

Financial crimes describe any action that criminally manipulates financial systems to engineer illegal profits for the perpetrator(s). In criminal law, the most commonly cited examples of financial crimes include fraud, bribery, theft, tax evasion, insider trading, or market manipulation.

Another term used to describe financial crimes is white-collar crime. These crimes are generally non-violent acts of criminality, though there are still victims of financial schemes. In criminal law, most white-collar crimes involve incidents of public corruption, money laundering, and different forms of fraud. Commonly used defenses for financial crimes involve proving a lack of intent to commit the felonies.

Officers of criminal law have enacted legal documentation that outlines specific rights and obligations awarded to accused suspects. Here are some of the most renowned rights of the accused in any criminal proceeding.

Professionals specializing in criminal law must abide by certain rules and regulations when bringing forward a criminal case. Every criminal case proceeds in different stages, each carrying specific rules and regulations that must be followed.

If you have been charged with a criminal law offense, you should immediately seek legal counsel from an experienced criminal lawyer.

It’s natural to feel confused and overwhelmed when faced with criminal charges. As a result, you may not exercise your legal rights and could inadvertently open yourself to unnecessary legal scrutiny.

The purpose of a criminal attorney is to advise you of your rights, provide counsel during law enforcement interrogations, and represent you in court should the case proceed to trial.