Criminal Defense Terms and Definitions

Misdemeanor A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C. Assault A willful attempt to illegally inflict injury on or threaten a person. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Admissible evidence Evidence which can legally and properly be used in court. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Felony A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree Accessory A person who assists in the commission of a crime, either before or after the fact. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. Tort An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed.

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	Did You Know?
	Plea Bargaining - a process whereby the prosecutor and defense attorney negotiate Process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation, or for dismissal of one or more of the charges in a multi-count information, or for dismissal of another case.