Criminal Law

NYPD Police Department Badge
Criminal Law consists of rules and regulations created by state and federal government, that define the responsibilities each member of the public has to society. It is commonly referred to as the “Penal Code.” Criminal Procedure refers to the process of carrying out criminal charges. It covers search and seizure matters, arraignment, pleas, discovery, trials and appeals.

Criminal Law is generally divided into two categories – misdemeanors and felonies. A misdemeanor is a lesser crime typically punishable by a fine and potentially up to one year in a local jail. A felony is a serious crime punishable by one year or more in prison or death. Felonies also trigger the right to a public defender if the defendant cannot afford a criminal attorney. The burden of proof to convict a criminal defendant is “proof beyond a reasonable doubt” – a higher standard than a plaintiff’s burden in Civil Court. Other matters covered under criminal law include parole, probation, record sealing and expungement.

Categories


Michael Wechsler
2 min read
Views
8,524
Comments
1
The penalties and sentencing guidelines for assault and battery convictions are determined by multiple factors. Each state has its own criminal code which defines the criminal charges and relevant sentencing guidelines. In addition to location of the offense, the unique circumstances surrounding...
Michael Wechsler
Updated
4 min read
Views
8,371
Alternative sentencing usually provides criminal defendants a way to avoid serving a jail or prison sentence. The most common alternatives include suspended sentences, fines, probation, community service, restitution, deferred adjudication and pretrial diversion programs. A judge will use a...
Michael Wechsler
4 min read
Views
6,967
This article explains the process of sentencing in criminal court, the differences between parole and probation and how to handle revocation of probation and hearings. Pre-Sentence Report or Probation Report After a conviction of or guilty plea of a defendant,a report will be prepared for the...
Michael Wechsler
4 min read
Views
25,218
This article will assist you in understanding the basics of criminal law concerning sentencing, parole and probation. It will also cover pre-sentencing reports, suspended sentences, community service, bail, the differences between jail and prison and other topics of concern to an accused...
Back
Top