The Basics of Criminal Law

Criminal law is the study of laws that punish crimes. It is a complicated area of law that covers many aspects of the criminal process, including the legal rules of procedure and evidence.

Criminal laws are designed to protect society from harm. They also serve to deter people from breaking the law and committing crimes.

State legislatures have the power to make designated behavior illegal in some manner, and Congress has enacted federal laws that punish certain conduct. In addition, cities and other municipalities can designate a specific type of conduct as criminal, and may punish it in their jurisdictions.

A criminal offense is an act or omission that results in some degree of physical, financial, or moral harm to another person. There are several elements that must be present for a crime to be committed: mens rea (intent), causation, harm and actus reus (an affirmative action).

Each state has its own law that defines the types of conduct that can lead to charges. A crime can include such things as stealing, bribery, drug possession and fraud, and murder.

The government can charge individuals with criminal offenses, and they are usually convicted by a judge. If a person is found guilty, they can be sentenced to jail time, or they can be fined.

Prosecutors are responsible for conducting investigations, which often involve the use of armed police officers and federal agents. They must gather information through interviews and sworn testimony before a grand jury and then file charges in court.

They must prove the defendant's guilt "beyond a reasonable doubt" before they can get a conviction. They can appeal their case all the way up to the state Supreme Court or U.S. Supreme Court, and prosecutors also have the power to waive their right to trial by jury, which allows them to settle cases with less formal legal proceedings.

How Do I Choose a Criminal Defense Lawyer?

The legal system is often a complex and challenging place to navigate, but it can be made easier when you have an experienced criminal defense lawyer by your side. If you or a loved one has been arrested for a crime, you want to find an attorney who understands the laws and can fight for your rights and best interests.

Finding the right criminal defense attorney can make all of the difference in the outcome of your case. Here are a few tips to help you in your search:

Be sure the lawyer has extensive experience handling the type of charge you are facing

If you are facing a serious crime, such as murder or armed robbery, it is important to choose a lawyer who has handled many similar cases in the past. If you are facing a federal crime, it is also critical to hire a lawyer who has experience in the federal courts.

Ensure that the lawyer has extensive experience in a wide variety of court types

If your case is filed in a federal court, it is important to choose a lawyer that has extensive experience in the federal court system. This is because the rules and procedures are different in federal courts than they are in state court.

Ensure that the lawyer has an excellent track record of success

The best criminal defense lawyers will have a proven track record of getting their clients the results they need. This can be easily verified by asking them for testimonials and reviewing their websites.

Ensure that the lawyer offers a free initial consultation

The initial consultation is the best way to get a feel for an attorney and their services. It is also a good opportunity to ask them questions about their past experiences and how they would handle your case.

Ensure that the lawyer is easy to communicate with.

Ideally, you should have the ability to contact your criminal defense lawyer by phone or email anytime you need to speak with them about your case. This is especially important if you are in need of assistance after office hours or on the weekends.

Ensure that the lawyer is able to respond to your questions promptly and efficiently.

Having your questions answered quickly and properly can save you time, money, and stress. It is also a great way to ensure that you have peace of mind throughout the process.

Ensure that the lawyer has a strong reputation in your community.

The reputation of a criminal defense lawyer is important for your case, and it can affect how your lawyer is perceived by the court system. If the lawyer has a strong reputation in your area, they will be more likely to take your case seriously and work to get you the best possible outcome.

Common Defenses to Criminal Charges

There are a number of ways that you can argue against the charges that have been brought against you. In many cases, you can be acquitted by arguing that the prosecutor failed to prove all of the elements of the crime charged against you.

One common type of criminal defense is the alibi defense, which claims that you were somewhere else at the time of the crime that you are accused of committing. You can prove an alibi by presenting evidence like surveillance footage, receipts from a restaurant, store, movie theater, sporting event, or phone records.

Another defense is the insanity defense, which states that you were mentally ill at the time of your crime. This defense is frequently used in tv shows and courtroom dramas, but it can be tricky to establish.

In order to successfully prove insanity, you must be able to show that you were not able to distinguish right from wrong or control your impulses. This defense can allow you to avoid incarceration but may require you to be treated in a psychiatric hospital.

The insanity defense can also be used if you are charged with an assault or other violent crime but claim that you did not mean to commit the offense. This defense is based on the M'Naghten Rule, which states that you cannot be punished for an act of violence if you did not know that it was wrong.

Moreover, insanity can be used to defend against a drug-related offense if the defendant can show that they were not aware that they were intoxicated at the time of the crime. Often, people use this defense to try to avoid the harsh punishments that can be imposed for being under the influence of drugs at the time of a crime.

Other common defenses include self-defense, duress, and intoxication. In the case of self-defense, you may claim that you committed a crime in order to protect yourself from someone who was threatening you or your family. The same principle applies to duress. You could claim that you were forced by a co-defendant to commit a crime or that your own friends or family members compelled you to do something against your better judgment.

Finally, intoxication can also be a defense to certain crimes when the intoxication robs you of your ability to understand right from wrong or prevents you from forming the intent necessary for committing a crime. Whether you can use this intoxication defense depends on your state’s law.

Mistake of fact and mistake of law are also sometimes used as defenses to criminal charges. These defenses are rarely used, but can be successful if the defendant is able to prove that they were not aware of a fact or law at the time of their criminal activity. This can be particularly helpful if you were arrested for theft and were later discovered to have been stealing something else instead of the item you had stolen.

Lustberg Law Offices, LLC

Lustberg Law Offices, LLC

One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States

(201) 880-5311