Criminal Law

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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.

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Michael Wechsler
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The term “statutory rape” refers to sexual relations with a minor who is under the legal “age of consent.” An act of force is not necessary, only that the act meets all the elements defined by statute. Under the law, young persons below a certain age are not able to give their consent. As a...
Michael Wechsler
Updated
4 min read
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7,582
It can be difficult to assert a successful child abuse defense since criminal charges will typically include the testimony of a child. People tend to be more sympathetic towards children and are inclined to protect them first. The accused may face a challenging uphill battle when fighting abuse...
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