A criminal charge is not something to take lightly. It will have long-term consequences on people’s lives.

A recent report says that 1 out of every 20 criminal cases ends in a wrongful conviction. This is a horrifying fact. It is sad that a person could be innocent but still go to jail and suffer other consequences of a criminal charge.

This is why it is important to hire criminal defense attorneys to protect yourself if you are facing a criminal charge. They can help with the complex legal process.

Knowledge about criminal law is very important to avoid going to prison. Learning about criminal law can come in handy when you face a criminal charge.

This blog post discusses the basics of criminal law, which every US citizen must know. Read on.

What is a crime?

A crime is an act that violates the law and is punishable by the state. Theft, murder, and rape are some examples of crimes. In criminal cases, the one who is accused of the crime is called the defendant.

Three types of crimes

Crimes are of three types, depending on the severity of the crime. Not all crimes will have the same punishment. The following are the three types of crimes:

  • Infractions
  • Misdemeanors
  • Felony

Infractions: This is the least serious type of crime. The punishment for infractions is usually something simple, like a fine.

Misdemeanors: Misdemeanors are crimes that are slightly more serious than infractions but not as serious as felonies. An example of a misdemeanor is theft.

Felony: This is a serious type of crime, such as rape. These types of crimes are punishable by prison.

Elements of criminal law

You might have heard about the elements of personal injury law. In the same way, there are three elements a lawyer has to prove to convict the accused. The three elements of criminal law are:

  • Actus reus
  • Mens reus
  • Causation

Actus reus: This element is the act of committing the crime. For instance, if the defendant is accused of rape, the opposition must prove that the defendant raped a person.

Mens reus: The lawyer must prove that the defendant was in the right state of mind when committing the crime and that their intention was to commit the crime.

Causation: The final element is the link between the act and its effect.

Burden of proof

In criminal law, the burden of proof is on the prosecutor. The prosecutor should prove that the defendant committed the crime beyond a reasonable doubt.

Common defenses in a criminal case

Although the defense plan will change for every case, some defenses are common. Some common defenses are:

  • Self-defense
  • Necessity
  • Duress
  • Intoxication

Self-defense: This is pretty self-explanatory. The defendant’s lawyer will claim that the defendant committed the crime to defend themselves.

Necessity: Necessity is a defense that claims that the intention of the defendant’s actions was to prevent greater harm.

Duress: This is a defense where the lawyer claims that the defendant committed the crime because they were in danger.

Intoxication: The defendant was so intoxicated that they couldn’t have the intent to commit a crime.

Your rights if you are arrested

  • The arresting officer must tell you the reason for the arrest
  • You should be informed that you are allowed to call your lawyer or that you can hire a court-appointed lawyer
  • The police must let you speak with a lawyer of your choice as soon as possible

Final thoughts

Learning about criminal law is essential, but know that this knowledge is not a replacement for a lawyer. Hire an experienced criminal lawyer if you are facing a criminal charge.

You cannot take a chance in this situation since the consequences of a conviction can be very serious.

NCS
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