Criminal Defense Terms and Definitions

Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery) 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. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Miranda rule The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. Admissible evidence Evidence which can legally and properly be used in court. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Assault A willful attempt to illegally inflict injury on or threaten a person. Accessory A person who assists in the commission of a crime, either before or after the fact. Manslaughter A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another.

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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.