CRIMINAL LAW

Unlike civil law, which involves private law suits between two or more private entities, criminal law attorneys represent clients who are being prosecuted by the state or federal government for an act that has been classified as a crime. With the exception of strict liability crimes, most crimes consist of three elements: an act (actus reus), a mental state (mens rea), and the intent to do social harm. Crimes are classified as either misdemeanors; less serious offenses that are normally punishable by a fine such as traffic violations, petty theft, or a small possession of narcotics, or felonies; more serious offenses that warrant imprisonment of one or more years such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder.

Individuals who are found to have violated a criminal law, whether through their own admission of guilt or through the determination of a jury, can be subjected to fines, imprisonment, probation, and community service, among other penalties.

At all stages of the criminal process, an individual suspected of or charged with a crime is entitled to certain fundamental rights that derive from the U.S. Constitution and key court decisions. These include the right to an attorney, and the right to a fair trial. These constitutional rights enforce a balance between the government's interest in ensuring that criminal behavior is identified and punished, and the need to protect an individual's freedoms as set forth by a democratic society.

The outcome of any criminal case depends upon the crime charged, the strength of the evidence, the legal validity of law enforcement and courtroom procedure, and the goals and strategy of the government and defense. When all is said and done, there may be no legal consequence for a person charged with a criminal law violation, as the charges may be dismissed, or a trial may end in criminal conviction as set forth by a jury.