Felonies and Serious Criminal Charges

So, you’re curious about felony law and what it all means? It can seem pretty complicated, right? Basically, criminal law is all about actions that society says are wrong, and the state steps in to handle it. We’re going to break down the basics of felony law, looking at what makes a crime a felony, the different parts that make up a crime, and how the system works when someone is accused of something serious. It’s a lot to take in, but understanding the fundamentals is key.

Key Takeaways

Felonies are serious crimes, distinct from misdemeanors, and are defined by specific criminal statutes.
Criminal liability generally requires both a wrongful act (actus reus) and a guilty mind (mens rea), though some offenses have strict liability.
Inchoate offenses and accomplice liability show that people can be held responsible even if a crime isn’t fully completed or if they only assisted.
Various defenses, like self-defense or insanity, can be used to challenge criminal charges, and constitutional rights like due process are protected.
The criminal justice system involves charges, court processes, evidence rules, sentencing, and the possibility of appeals, all governed by felony law principles.

Understanding Felony Law

Criminal Law Overview

Criminal law is the body of rules that define conduct prohibited by the government because it threatens and harms public safety and welfare, and that establish the punishment to be imposed for the commission of such acts. It’s essentially the legal framework that dictates what actions are considered crimes against society. The government, acting on behalf of the people, prosecutes individuals accused of violating these laws. The goal isn’t just to punish but also to deter others from similar behavior and, ideally, to help offenders become law-abiding citizens again. This area of law is distinct from civil law, which deals with disputes between private parties. Understanding the basics of criminal law is the first step in grasping more serious legal matters.

Purpose of Criminal Law

Why do we have criminal laws? Well, they serve several important functions. Primarily, they aim to prevent harmful behavior. By setting clear boundaries and consequences, the law discourages individuals from engaging in acts that could hurt others or disrupt the peace. It also protects individuals and communities by holding wrongdoers accountable. This accountability reinforces societal norms and helps maintain public order. Think of it as society’s way of saying, "This is not okay, and here’s why." The system tries to balance punishment with rehabilitation, though the emphasis can vary greatly depending on the specific offense and jurisdiction.

Elements of a Crime

For someone to be convicted of a crime, the prosecution generally needs to prove a few key things. These are often referred to as the elements of a crime. While they can differ slightly depending on the specific offense, most crimes require:

Actus Reus: This is the physical act, or sometimes a failure to act when there’s a legal duty to do so, that constitutes the crime. It has to be a voluntary action.
Mens Rea: This refers to the mental state of the defendant at the time of the offense. It’s often called the "guilty mind." This could mean intending to commit the crime, knowing the act was wrong, or acting recklessly or negligently.
Causation: The act must have actually caused the harm or result that the law prohibits.
Harm: There must be some form of harm or injury that occurred as a result of the criminal act.

Without proof of all required elements, a conviction cannot stand. This structure is designed to ensure that people are only punished for actions they voluntarily took with a culpable state of mind, not for accidents or involuntary acts. However, there are exceptions, like strict liability offenses, where proving a mental state isn’t necessary.

Classifying Criminal Offenses

When we talk about crimes, it’s not just one big category. The legal system breaks them down to make sense of things, and understanding these classifications is pretty important. It helps figure out how serious a crime is and what kind of penalties might be involved. Think of it like sorting tools – you wouldn’t put a hammer and a tiny screwdriver in the same box, right? The law does something similar with offenses.

Felonies and Misdemeanors

This is probably the most common way crimes are divided. Felonies are the big ones, the serious stuff. These are offenses that carry significant penalties, often including lengthy prison sentences, substantial fines, or even capital punishment in some places. Examples include murder, rape, arson, and grand theft. On the other hand, misdemeanors are less severe. They usually result in shorter jail terms (often less than a year), smaller fines, or probation. Think of things like petty theft, simple assault, or minor drug possession.

It’s not always a clear-cut line, and some offenses can be charged as either a felony or a misdemeanor depending on the specifics of the case and the defendant’s history. This distinction is key because a felony conviction can have long-lasting consequences beyond the sentence itself, affecting things like voting rights, gun ownership, and employment opportunities. It’s a big deal in the world of criminal law.

Common Crime Categories

Beyond just felonies and misdemeanors, crimes are often grouped into broader categories based on the type of harm they cause or the behavior involved. This helps law enforcement and legal professionals organize their efforts and understand patterns. Some common ones include:

Violent Crimes: These involve physical harm or the threat of harm to a person, like assault, robbery, and homicide.
Property Crimes: These involve taking or damaging someone else’s property, such as burglary, larceny, and vandalism.
Drug Offenses: Crimes related to the possession, manufacturing, or distribution of illegal substances.
White-Collar Crimes: These are typically non-violent crimes committed for financial gain, often involving fraud, embezzlement, or insider trading.
Public Order Offenses: Crimes that disrupt the peace and order of society, like disorderly conduct or public intoxication.

Criminal Statutes

So, where do these definitions of crimes come from? They’re written down in laws called statutes. Legislatures at the state and federal levels pass these statutes, which clearly define what actions are illegal, what the penalties are, and sometimes, what specific elements the prosecution needs to prove. For instance, a statute defining burglary might require proof that someone unlawfully entered a building with the intent to commit a crime inside. Understanding the specific criminal statutes is fundamental to understanding any criminal charge.

The precise wording of a criminal statute is incredibly important. It dictates exactly what conduct is prohibited and what the government must prove to secure a conviction. Ambiguities in statutes can lead to legal challenges and affect how cases are prosecuted and defended.

Core Components of Criminal Liability

To understand criminal charges, especially serious ones like felonies, it’s important to know what actually makes an act a crime in the eyes of the law. It’s not just about doing something bad; the legal system looks for specific ingredients to prove someone is guilty. Think of it like a recipe – if you’re missing a key ingredient, you don’t have the final product.

Actus Reus: The Criminal Act

This is the physical part of the crime. It’s the action, or sometimes the failure to act when there’s a legal duty to do so, that is prohibited. For example, the act of taking someone’s property without permission is the actus reus in theft. The act must generally be voluntary. You can’t be held criminally responsible for something you were forced to do, like if someone physically pushed your hand to hit another person. However, there are exceptions, like when the law requires you to act, such as a parent’s duty to care for their child. Failing to fulfill that duty can be the criminal act itself.

Mens Rea: The Guilty Mind

This is the mental state of the person when they committed the act. It’s about intent. Did they mean to do it? Did they know their actions would cause harm? The law recognizes different levels of mental state:

Intent: Acting with the purpose to cause a specific result.
Knowledge: Being aware that your actions are practically certain to cause a particular result.
Recklessness: Consciously disregarding a substantial and unjustifiable risk.
Negligence: Failing to be aware of a substantial and unjustifiable risk that a reasonable person would have recognized.

Proving the guilty mind is often the most challenging part of a criminal case. Without the required mental state, even a harmful act might not lead to a criminal conviction. For instance, accidentally bumping into someone and causing them to fall is different from intentionally shoving them. The former might be an accident, while the latter involves intent.

Strict Liability Crimes

Now, not all crimes require proof of a guilty mind. These are called strict liability offenses. In these cases, the prosecution only needs to prove that the defendant committed the prohibited act. The defendant’s mental state is irrelevant. These are often related to public safety or regulatory matters. Think about certain traffic violations, like speeding. You can get a ticket even if you didn’t intend to speed or didn’t realize you were going that fast. The act of exceeding the speed limit is enough for liability. These types of offenses are less common for serious felonies but do exist, and they can carry significant penalties. Understanding these distinctions is key to grasping how criminal liability is established in criminal law.

The combination of a prohibited act (actus reus) and a culpable mental state (mens rea) forms the basis for most criminal offenses. However, the existence of strict liability crimes shows that the law sometimes prioritizes public welfare and safety over the defendant’s intent.

Inchoate Offenses and Accomplice Liability

Sometimes, the law gets involved even when a crime isn’t fully completed. This is where the idea of inchoate offenses comes in. Think of it as the legal system stepping in to prevent harm before it actually happens. It’s about actions taken towards committing a crime, not just the finished product.

Inchoate Offenses

These are essentially preparatory crimes. They cover situations where someone takes a substantial step toward committing a criminal act, or where they solicit, encourage, or agree with others to commit a crime. The main types you’ll hear about are:

Attempt: This happens when someone intends to commit a crime and takes a significant action to carry it out, but fails to complete it. For example, trying to pick a lock on a door with the intent to steal is an attempt, even if you don’t get inside.
Conspiracy: This involves an agreement between two or more people to commit an unlawful act. It’s not just the agreement itself, but usually requires at least one overt act in furtherance of that agreement. So, planning a bank robbery and then buying ski masks counts.
Solicitation: This is when someone asks, commands, or encourages another person to commit a crime, with the intent that the other person actually commits it. Asking someone to commit murder, for instance, is solicitation, regardless of whether the person agrees or carries it out.

The key takeaway with inchoate offenses is that you can be held liable for actions that fall short of completing the intended crime. The law wants to intervene early to stop criminal activity before it escalates.

Accomplice Liability

Beyond planning or attempting, people can also be held responsible for crimes they helped someone else commit. This is known as accomplice liability. It’s not just about being the main actor; it’s about playing a supporting role.

An accomplice is someone who aids, abets, encourages, or facilitates the commission of a crime. This can take many forms:

Aiding: Providing assistance, like driving the getaway car or helping to dispose of evidence.
Abetting: Encouraging or inciting the principal offender to commit the crime.
Facilitating: Making the crime easier to commit, such as providing a weapon or disabling a security system.

To be held liable as an accomplice, prosecutors generally need to prove that the person acted with the same intent as the principal offender. It’s not enough to just be present; there usually needs to be some level of active participation or encouragement with a guilty mind. This means that even if you didn’t pull the trigger or steal the item yourself, you could still face serious charges if you helped make the crime happen. Understanding these concepts is important for grasping the full scope of criminal law and how liability can extend beyond the primary perpetrator.

Navigating Criminal Defenses

Common Criminal Defenses

When facing criminal charges, understanding potential defenses is a key part of the legal process. These defenses aim to challenge the prosecution’s case or provide a legal excuse for the alleged actions. It’s not about denying that something happened, but rather arguing why the person shouldn’t be held legally responsible. The specific defenses available will depend heavily on the facts of the case and the laws of the jurisdiction.

Here are some common defenses you might encounter:

Alibi: The defendant claims they were somewhere else when the crime occurred, making it impossible for them to have committed it.
Duress: The defendant was forced to commit the crime under threat of immediate harm to themselves or others.
Entrapment: Law enforcement induced the defendant to commit a crime they otherwise would not have committed.
Mistake of Fact: The defendant acted based on a misunderstanding of the facts, which negates the required criminal intent.
Intoxication: While often not a complete defense, voluntary intoxication might sometimes negate the specific intent required for certain crimes. Involuntary intoxication can be a stronger defense.

It’s important to remember that simply being present at the scene of a crime or knowing someone who committed a crime does not automatically make you guilty. The prosecution must prove your involvement beyond a reasonable doubt.

Self-Defense Principles

Self-defense is a justification defense that allows individuals to use a reasonable amount of force to protect themselves or others from imminent harm. The core idea is that you have a right to defend yourself when you reasonably believe you are in danger. However, this right is not unlimited. The force used must be proportionate to the threat faced. Using excessive force, meaning more force than reasonably necessary, can negate the self-defense claim and potentially lead to criminal charges against the defender.

Key aspects of self-defense include:

Imminent Threat: The danger must be immediate, not something that might happen in the future.
Reasonable Belief: The person must have genuinely and reasonably believed they were in danger.
Proportionality: The force used must match the level of the threat.
No Duty to Retreat (in some jurisdictions): Some places do not require a person to retreat from a dangerous situation before using force, especially in their own home ("Stand Your Ground" laws).

The Insanity Defense

The insanity defense is a complex legal argument that asserts the defendant was not mentally responsible for their actions at the time of the crime. This defense doesn’t claim the person didn’t commit the act, but rather that due to a severe mental disease or defect, they lacked the required mental state (mens rea) to be held criminally liable. The standards for proving insanity vary significantly by jurisdiction, often following tests like the M’Naghten rule, the irresistible impulse test, or the ALI substantial capacity test. Successfully using the insanity defense often results in commitment to a mental health facility rather than prison.

Common standards for the insanity defense include:

M’Naghten Rule: Did the defendant, due to a mental disease or defect, not know the nature or quality of the act they were doing, or if they did know it, did they not know that what they were doing was wrong?
Irresistible Impulse Test: Did the defendant, due to mental disease or defect, have an overpowering urge that they could not control, leading them to commit the crime?
Model Penal Code (MPC) / ALI Test: Did the defendant, due to mental disease or defect, lack substantial capacity either to appreciate the criminality (wrongfulness) of their conduct or to conform their conduct to the requirements of law?

It’s a challenging defense to mount, typically requiring extensive psychiatric evaluations and expert testimony.

Due Process and Constitutional Rights

When someone faces criminal charges, especially serious ones like felonies, a whole set of rules kicks in to make sure things are handled fairly. This is what we call due process. It’s basically the government’s obligation to respect all the legal rights that a person has. Think of it as a shield protecting individuals from unfair treatment by the state.

Due Process Rights

Due process isn’t just one thing; it’s a collection of rights designed to ensure fairness throughout the legal process. For someone accused of a crime, this means several things:

Notice of Charges: You have the right to be clearly informed about what crime you are accused of committing. You can’t be blindsided in court.
Opportunity to be Heard: You have the right to present your side of the story, to defend yourself, and to have a fair chance to challenge the evidence against you.
Right to Counsel: This is a big one. If you can’t afford a lawyer, the court must provide one for you. Having legal representation is key to understanding your rights and building a defense.
Impartial Tribunal: Your case should be heard by a judge or jury that is unbiased and free from prejudice.

The core idea behind due process is that the government must follow established rules and procedures before it can deprive someone of life, liberty, or property. This prevents arbitrary actions and ensures a level playing field, even when dealing with serious accusations.

Search and Seizure Protections

This area is all about the Fourth Amendment to the Constitution. It protects people from unreasonable searches and seizures by the government. For law enforcement to search your home, car, or person, they generally need a warrant. To get a warrant, they have to convince a judge that they have probable cause – meaning there’s a good reason to believe a crime has been committed or that evidence of a crime will be found in the place to be searched.

There are exceptions, of course. For instance, if an officer sees something illegal in plain view, or if there’s an emergency, they might be able to act without a warrant. But if evidence is obtained illegally, it can often be thrown out of court, which is a major win for the defense.

Arrest Procedures

When the police arrest someone, they need legal grounds to do so. Usually, this means they must have probable cause to believe that the person has committed a crime. An arrest isn’t just being taken into custody; it’s a significant deprivation of liberty. The procedures surrounding an arrest are designed to prevent unlawful detentions.

If an arrest is made without proper cause, it can have serious consequences for the prosecution’s case. It can lead to the suppression of evidence gathered after the arrest and potentially even the dismissal of charges. Understanding these procedural safeguards is vital for anyone facing criminal accusations.

The Criminal Court Process

When someone is accused of a crime, especially a serious one like a felony, they enter a complex system known as the criminal court process. It’s not just a single event, but a series of steps designed to determine guilt or innocence and, if necessary, administer justice. This process is governed by strict rules and constitutional protections to ensure fairness.

Criminal Charges and Indictments

First off, formal charges need to be brought against a suspect. This usually happens in one of two ways: through a prosecutor filing a document called an "information" or "complaint," or by a grand jury issuing an "indictment." An indictment is a formal accusation that there’s enough evidence to bring charges against someone for a serious crime. It’s a way for a group of citizens to act as a check on prosecutorial power before a trial even begins.

Bail and Pretrial Release

After charges are filed, the court has to decide what happens to the accused while they await trial. This is where bail comes in. Bail is essentially a promise, often backed by money, that the defendant will show up for their court dates. The judge considers several factors when setting bail, like the seriousness of the offense, the defendant’s ties to the community, and whether they’re considered a flight risk or a danger to others. Not everyone gets bail, though; some people are held without it, especially in very serious cases.

Plea Bargaining

It might surprise you, but most criminal cases don’t actually go to trial. A huge number of them are resolved through plea bargaining. This is basically a deal worked out between the prosecution and the defense. The defendant might agree to plead guilty to a lesser charge, or to one of several charges, in exchange for a more lenient sentence or the dismissal of other charges. It’s a way to move cases along and avoid the time and expense of a full trial, but it means the defendant gives up their right to a trial.

The plea bargaining process can be a complex negotiation, balancing the state’s interest in securing a conviction with the defendant’s desire to minimize potential penalties. Both sides often make concessions to reach an agreement that avoids the uncertainties of a jury verdict.

Evidence and Burden of Proof

In any criminal case, two big ideas really shape how things play out: evidence and the burden of proof. Think of evidence as the puzzle pieces – the facts, testimony, and physical items that lawyers use to build their case. The burden of proof, on the other hand, is about who has to put those pieces together and how clearly they need to show the whole picture.

Evidence in Criminal Cases

Evidence is basically anything that can help a judge or jury understand what happened. It’s not just about fingerprints and DNA, though that’s a big part of it. We’re talking about witness statements, documents, recordings, and even expert opinions. The rules about what kind of evidence is allowed in court can be pretty complicated. They’re designed to make sure that only reliable and relevant information gets considered. If evidence is gathered improperly, it might not be allowed, which can really change the direction of a case. It’s all about making sure the facts presented are solid and trustworthy.

Burden of Proof Standards

This is where things get serious. In the U.S. legal system, the prosecution – that’s the government’s side – has the job of proving that the defendant is guilty. They can’t just suggest it; they have to prove it. And they have to prove it beyond a reasonable doubt. This is the highest standard of proof in our legal system. It means that after looking at all the evidence, there should be no other logical explanation for the events other than that the defendant committed the crime. It’s a tough bar to clear, and it’s there to protect people from being convicted when there’s still a real question about their guilt. The idea is that it’s better to let a guilty person go free than to convict an innocent one. This standard is a cornerstone of our justice system, safeguarding individual liberty against potential government overreach. You can read more about different standards of proof in legal cases.

Here’s a quick look at the different standards:

Beyond a Reasonable Doubt: Used in criminal cases. Requires a very high level of certainty. The prosecution must convince the jury that there is no other logical explanation for the facts except that the defendant committed the crime.
Clear and Convincing Evidence: A higher standard than preponderance of the evidence, but lower than beyond a reasonable doubt. Often used in certain civil cases, like fraud.
Preponderance of the Evidence: The lowest standard, meaning "more likely than not." Used in most civil cases. The party with the burden of proof just needs to show that their claim is more probable than not.

The burden of proof is a fundamental principle that dictates which party must present evidence to prove a disputed fact and to what extent. In criminal proceedings, this burden rests squarely on the prosecution, who must establish guilt to a degree that leaves no reasonable doubt in the minds of the jurors or judge. This allocation of responsibility is a critical safeguard within the justice system. Failing to meet this burden means the defendant should be acquitted, regardless of any suspicion or belief of guilt.

So, while prosecutors are busy gathering evidence, they also have this massive responsibility to prove their case to an extremely high standard. It’s a delicate balance, and it’s why criminal trials can be so lengthy and complex.

Sentencing and Post-Conviction Matters

Once a person is found guilty of a felony, the court moves to the sentencing phase. This is where the judge decides on the appropriate punishment. It’s not just a simple decision; judges look at a lot of things before handing down a sentence. They consider the specifics of the crime, the defendant’s criminal history, and any factors that might make the situation more or less severe. The goal is to balance punishment, deterrence, and rehabilitation.

Criminal Sentencing

Sentencing involves determining the penalty for a convicted offense. Judges often have a range of options dictated by law, but they also weigh various factors. These can include:

Aggravating Factors: Things that make the crime worse, like extreme violence or targeting a vulnerable victim.
Mitigating Factors: Circumstances that might lessen the severity, such as a lack of prior record or showing genuine remorse.
Victim Impact Statements: Sometimes, victims or their families can share how the crime affected them, which can influence the sentence.

Judges must also consider sentencing guidelines, which are often established by statutes or judicial committees. These guidelines provide a framework to promote consistency in sentencing across similar cases. Understanding these criminal statutes is key to grasping the potential outcomes.

Sentencing Options

Sentencing isn’t always about prison time. There’s a spectrum of punishments available, depending on the crime and the individual:

Incarceration: This is the most severe, involving jail or prison time. The length can vary significantly, from months to many years, or even life.
Fines: Monetary penalties paid to the court. These can be substantial for serious offenses.
Restitution: Requiring the offender to pay back victims for losses incurred due to the crime.
Community Service: Performing unpaid work for the benefit of the community.
Probation: A period of supervised release within the community, often with strict conditions.
Treatment Programs: Mandated participation in programs for substance abuse, anger management, or mental health issues.

The choice of sentencing option aims to address the harm caused by the crime while also considering the likelihood of the offender re-offending. It’s a complex calculation involving public safety and individual circumstances.

Probation and Parole

Probation and parole are forms of supervised release that allow individuals to avoid or leave incarceration under specific conditions. Probation typically occurs instead of jail time, while parole is an early release from prison. Both involve regular check-ins with a probation officer and adherence to rules, such as maintaining employment, avoiding certain people or places, and refraining from further criminal activity. Violating the terms of probation or parole can lead to re-arrest and the imposition of the original or a more severe sentence, including a return to prison. These post-conviction processes are designed to help individuals reintegrate into society while still providing a level of oversight.

Criminal Records and Appeals

Criminal Records

A criminal record is essentially a history of your interactions with the justice system. When someone is convicted of a crime, whether it’s a misdemeanor or a felony, that conviction typically becomes part of their permanent record. This can have a pretty significant impact on many areas of life. Think about applying for a job; many employers will run a background check, and a criminal record can make that process difficult. It can also affect your ability to rent an apartment, get certain professional licenses, or even volunteer for some organizations. While some records might be eligible for sealing or expungement under specific circumstances, this process isn’t automatic and varies greatly by state and the nature of the offense. It’s a good idea to understand what might be on your record and what options, if any, exist for cleaning it up.

Appeals and Post-Conviction Relief

If you’ve been convicted of a crime, you generally have the right to appeal the decision. An appeal isn’t a do-over of the trial; instead, it’s a process where a higher court reviews the lower court’s proceedings for legal errors. These errors could involve things like improper admission of evidence, incorrect jury instructions, or legal misinterpretations by the judge. The key is to identify specific legal mistakes made during the original trial.

Here’s a general idea of how the appeals process often works:

Filing the Appeal: There are strict deadlines for filing an appeal, often quite short after the final judgment. Missing this window can mean losing your right to appeal.
Review by Appellate Court: A panel of judges will review written arguments, called briefs, submitted by both sides. Sometimes, oral arguments are also presented.
Decision: The appellate court can uphold the original decision, reverse it, modify it, or order a new trial. They generally defer to the trial court’s findings of fact unless there’s a clear error.

Beyond a direct appeal, there are other avenues for post-conviction relief. These might include things like habeas corpus petitions, which challenge the legality of your detention, or motions to modify a sentence. These processes are complex and often require demonstrating specific grounds for relief. It’s really important to consult with an attorney experienced in criminal appeals to understand your options and the specific rules that apply in your jurisdiction. The outcome of a trial can have long-lasting consequences, and understanding the appeal process is a vital part of the legal landscape.

Wrapping Up

So, we’ve gone over a lot about felonies and serious charges. It’s a complicated area, for sure. Understanding the basics, like what makes a crime a felony versus a misdemeanor, or how the court process generally works, is pretty important if you’re ever in a situation where you need to know. Remember, laws can change, and every case is different, so getting advice from someone who really knows the law is always the best move. Don’t try to figure all this out on your own if you don’t have to.

Frequently Asked Questions

What’s the difference between a felony and a misdemeanor?

Think of felonies as the big leagues of crime, involving serious offenses like murder or robbery. They come with tough penalties, often meaning years in prison. Misdemeanors are less severe, like petty theft or simple assault, and usually result in shorter jail times or fines.

What does ‘actus reus’ mean in criminal law?

‘Actus reus’ is just a fancy Latin term for the actual physical act of committing a crime. It’s the doing part – like pulling the trigger or taking the item. You can’t be guilty of a crime unless you actually did something wrong or failed to do something you were legally required to do.

What is ‘mens rea’ and why is it important?

‘Mens rea’ means having a guilty mind. It’s about your intention or mental state when you committed the crime. For most crimes, prosecutors have to prove you didn’t just do the act, but you also intended to do it, or were reckless or careless about it. It’s about proving you had the right mindset to be held responsible.

Can someone be guilty of a crime even if they didn’t intend to do it?

Yes, sometimes! These are called strict liability crimes. They’re usually for things that are really dangerous or important for public safety, like selling alcohol to minors or certain traffic offenses. With these, you can be found guilty just for doing the act, even if you had no intention of breaking the law.

What are ‘inchoate offenses’?

Inchoate offenses are like crimes that are almost, but not quite, finished. They include things like planning a crime (conspiracy), trying to commit a crime (attempt), or trying to get someone else to commit a crime (solicitation). You can be punished for these even if the main crime never actually happened.

What are some common defenses someone might use in a criminal case?

People might argue they acted in self-defense if they felt they were in danger. Others might claim they were insane and didn’t understand what they were doing. Sometimes, people are pressured into committing a crime (duress) or claim they were tricked by the police (entrapment). There are several ways to defend yourself.

What rights do I have if I’m arrested?

You have important rights! You have the right to remain silent to avoid saying anything that could be used against you. You also have the right to an attorney, and if you can’t afford one, the court will provide one for you. Police also need a good reason, like a warrant or probable cause, to search you or your property.

What happens after someone is found guilty of a crime?

After a conviction, the court decides on a sentence. This could be jail time, fines, or probation, where you have to follow certain rules while living in the community. Sometimes, people can get out of prison early through parole. A conviction also creates a criminal record that can affect your life for a long time.