Areas of Practice
Los Angeles Criminal Defense - The Basics - Criminal Law Terms and Definitions
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Q: What is a “crime”?
A: In the state of nature I have the right to rob, kill, rape and steal. If I don’t want those things done to me I enter into a social contract with others and we come up with laws. A crime is something that the people of the state, or of a society, get together and decide something is against the law.
Q: What is the difference between civil and criminal law?
A: The difference between civil and criminal law is in the remedies. A civil judgment is generally where the only remedy is money, money damages. People suing each other for money, for breach of contract, or for some kind of injury. It’s usually money. Criminal, it’s in the penalties. It can be either fines or incarceration.
Q: What does it mean to be “charged” with a crime?
A: When you are charged with a crime it means a prosecuting agency has decided to file a criminal offense against you. A prosecuting agency at the state level can be the District Attorney’s office, at the local level it can be the City Attorney’s office, at the larger state level it can be the Attorney General’s office or at a Federal level it can be the FBI.
Q: What is “probable cause”?
A: Probable cause is what police officers are supposed to have in order to be able to arrest you or to be able to get a search warrant signed against you. Probable cause is a fluid legal term which is subject to a test which they call the “Totality of the Circumstances” which means if an officer can articulate or spell out why they believe enough factors exist for them to either arrest you or detain you then probable cause exists. There are things like “suspicious movements”, or if they smell drugs probable cause would exist. If they see a car without license plates on it, these are things that would cause a reasonable person to be suspicious.
Q: What is the difference between a “misdemeanor” and a “felony” crime?
A: The difference between a misdemeanor and a felony is in the punishment. A misdemeanor is punishable by up to one year in the county jail. A felony is punishable by one year or more in a state prison. The practical realities of these may be different. Somebody charged with a felony may do less than a State Prison sentence but these are defined by their punishments.
Q: What does it mean to be arrested?
A: Arrested means that a police officer has what they believe to be probably cause to arrest you. That is reasonable, articulable suspicion that a crime has been committed and that you are the person that committed that crime.