Serious Criminal Charges & Legal Protection: A Complete Guide

If a person is accused of breaking the law, they may face criminal prosecution. These accusations can be anything from a traffic infraction to a felony like murder or fraud. So, the gravity of a criminal offense ranges from an infraction to a felonious. However, even in such complex cases, a person has the right to legal protection, and this is where criminal defense lawyers come in to help their clients reach a favorable outcome. Here is a simple guide to serious criminal charges and legal protection for such cases.

Legal rights of the accused

The Fifth Amendment protects a person’s right to stay silent. The court can use any statement of the defendant against them, so it is better not to tell anything without the presence of a lawyer. This leads us to the Sixth Amendment, which clearly states that every person has the right to legal representation. Just like lawyers for assault charges in Denver explain, if a person enters this process alone, they risk losing the protection that the law guarantees for them. So, it is better to have a skilled lawyer who knows the ins and outs of the legal system and will protect the defendant against these charges. Also, everyone has the right to a public trial, a jury free from bias, and to know who is accusing them and what accusations are there. 

Legal process

First of all, after the person is arrested, he or she will be booked, which means that the police officer will collect their personal information, pictures, and fingerprints. Then, the arraignment is the process where the person has the right to enter a plea of guilty, not guilty, or no contest. This is also when the court can establish bail. Sometimes, the defendant will enter a guilty plea if they want a lower sentence. This is known as plea bargaining. If there is no plea deal, then the case goes to trial. 

The prosecution must prove the defendant’s guilt beyond a reasonable doubt. They will lay their arguments through various pieces of evidence, witness testimonies, and examinations. The judge and jury will use all the facts of the case to reach a guilty or not guilty verdict. If the defendant is found guilty and they believe it was a mistake and that the sentence was made based on faulty evidence, then they have the right to appeal. 

First-degree felony

Felony is defined as a crime that requires a sentence of one year or more in prison, or even death. First-degree felonies are the most heinous and several criminal acts that are punished by the death penalty in some states. Some other forms of punishment include long jail terms, hefty fines, and other severe repercussions. While the specifics of what constitutes a first-degree felony and the punishment severity vary from crime to crime and from state to state, some common examples of such crimes include murder, kidnapping, rape, arson, large-scale drug trafficking, etc. These crimes are the most notorious ones and they have far-reaching consequences for the victim and the accused alike. 

Second-degree felony

Although not as severe as first-degree crimes, the consequences of committing second-degree felonies are still substantial. These crimes are usually more severe than misdemeanors and often include crimes like assault with a deadly weapon, manslaughter, human trafficking, burglary with assault, stalking, fraudulent use of personal identification information, etc. These crimes can impose penalties like lengthy jail terms, hefty fines, and other legal ramifications. Just like first-degree crimes, these felonies can also have a profound effect on a person’s life, career, and reputation. 

Third-degree felonies

The crimes that constitute third-degree felonies are still quite significant in terms of gravity. These crimes usually include grand theft, aggravated stalking, possession of a controlled substance, DUI that has caused serious injuries, aggravated white-collar crimes, battery on a law enforcement officer, etc. A third-degree felony carries a lot of legal ramifications, including fines, jail time which is usually up to five years, and more.

First-degree misdemeanors

Those crimes that are less serious than felonies fall under the category of first-degree misdemeanors. The standard penalty for these cases is a fine or prison time of up to one year. Some common examples include theft or shoplifting, DUI with no bodily harm, criminal mischief, reckless driving, trespassing, prostitution, etc. 

Second-degree misdemeanors

These crimes are not as severe as first-degree misdemeanors, but they still include penalties like fines, prison time up to 60 days, or both. Common examples are simple assault with no bodily harm, intoxication, driving with a suspended license, trespassing on private property, etc. 

Third-degree misdemeanors

These infractions of the law are usually not so severe. In most cases, offenders are punished with monetary penalties, and sometimes with a prison sentence of up to 60 days. These crimes include disorderly conduct, minor traffic offenses, minor possession of alcohol, loitering or prowling, etc. 

Infractions

Infractions are the less severe kind of criminal charges and usually include things like traffic infractions, littering, jaywalking, smoking in prohibited areas, minor violations of zoning laws and building codes, etc. These ‘crimes’ usually carry monetary penalties and they are not part of a criminal record.

Defenses

The defense will usually try to prove the defendant’s innocence by presenting evidence that disproves the accusation. For example, they can say that the person’s rights have been violated because of unlawful searches and seizures, as well as forced confessions. Also, there is the notion of self-defense to justify their conduct. Assuming the defendant lacked the mental capacity to understand the gravity of their act is also one way to prove the insanity defense. Finally, the defense will sometimes try to prove that the offender was forced to commit the crime because someone else threatened them with bodily harm, which is known as duress.

Major criminal charges are very complex and can have profound negative effects on a person’s life. However, with the right lawyer and solid defense case, people can prove their innocence and make it through this challenging period more easily, reaching a favorable outcome in the case.