Criminal Law Legal Definitions

Arraignment – This is the first appearance in a criminal proceeding. At this proceeding, the individual accused of committing a crime is advised of the criminal charges against him/her and asked to enter a plea of guilty or not guilty.

Arson – The crime of maliciously, voluntarily, and willfully setting fire to the building, buildings, or other property of another or of burning.

Bail – Security given to the court in exchange for the release of an individual in custody to secure his/her appearance in court on a later date.

Bench Trial – A trial where the judge, not jury, decides who wins. Also known as a court trial.

Burglary – The unlawful entry into a building or other structure with the intent to commit a felony or a theft therein.

Burden of Proof – Refers to which party has the responsibility of proving their case. In a criminal proceeding, the burden of proof is always of the prosecution to prove the elements of the offense beyond a reasonable doubt.

Capital Offense – A crime punishable by death.

Conviction – A judgment of guilt against a criminal defendant. Can occur by way of a plea or verdict by a jury or judge.

Discovery – The process by which lawyers in a legal proceeding exchange information about their case. In a criminal proceeding this generally includes, but is not limited to, police reports, witness statements, photographs, investigation reports, medical records and any other items relevant to the facts of the case.

Domestic Violence – Is an act of violence committed against a spouse, cohabitant, partner, former partner or any individual with which whom an individual had some form of dating relationship. Acts that would constitute domestic violence include, but are not limited to, hitting, slapping, kicking, pushing, punching and scratching.

Elements – In the context of a criminal proceeding refers to the essential parts that make up a criminal offense. The burden of proof is on the prosecution to prove each and every element of a crime beyond a reasonable doubt.

Evidence – Information in the form of testimony, documents or physical items used to persuade the judge or jury to decide a case.

Felony – In California, this is any criminal offense that carries a maximum penalty of more than one year in jail. In general, these offenses involve violence and result in great bodily injury or a large monetary loss.

Grand Jury – A jury of 12 to 23 persons convened in a private session to evaluate accusations against a person(s) charged with a crime and to determine whether there is probable cause to believe that individual committed an offense.

Hearsay – Statements made by a witness who did not see or hear the incident in question, but heard about it from someone else. Hearsay, without a valid exception, is not admissible as evidence in court.

Habeas Corpus – A legal challenge wherein a prisoner petitions the court to determine the legality of his confinement in prison. The relief sought is to be released from custody on the grounds that the individual is being held unlawfully.

Hate Crimes – A criminal offense committed against a person, which is motivated by bias against a race, religion, disability or sexual orientation.

Homicide – Murder and non-negligent manslaughter are defined as the willful (non-negligent) killing of one human being by another. Not included in this definition are deaths caused by negligence, suicides, or accidental deaths

Impeachment – The process of discrediting a witness.

Indictment – A written statement made by the prosecution charging a person with committing a crime.

Injunction – A court order prohibiting an individual from performing a specified act or actions.

Jurisdiction – The legal authority of a court to hear and decide a case based upon geographic location of where the incident occurred.

Jury – A group of people selected to sit and hear the evidence presented in a trial and render a verdict.

Jury Instructions – These are the legal instructions (the law) read to the jury by the judge prior to beginning their deliberations, which must be applied in making their decision.

Larceny – The unlawful taking and removing of another individual’s personal property with the intent to permanently deprive them of it. This is another term for “theft”.

Misdemeanor – This is any criminal offense that carries a maximum penalty of up to one year in the county jail.

Motion – A request made by a person in a legal proceeding to a judge for a decision on an issue relating to the case.

Murder – The intentional killing of another human being.

Nolo Contendere – This is a plea meaning “no contest”. A plea of this nature has the same effect as a guilty plea, but cannot be used against you to show liability in a civil proceeding.

Plea – In a criminal matter, this is a statement made by the individual accused of committing a crime indicating whether they are guilty or not guilty.

Pleadings – Written statements filed with the court, which describe a party’s legal or factual assertions about the case.

Pre-Trial Conference – In a criminal proceeding, this a meeting that takes place between the judge, prosecutor and defendant (through counsel) where the parties 1) try to reach a resolution of the case, and 2) resolve any issues before trial.

Probation – A form of sentencing imposed by the court in a criminal proceeding. There are two kinds of probation. 1) Unsupervised where the individual is on their own to follow the orders of the court, and 2) Supervised where the individual is assigned and must answer to a probation officer who makes sure the individual follows the orders of the court.

Prosecute – The act of charging and trying someone for committing a criminal offense.

Robbery – Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

Sentence – The punishment imposed by the court for committing a crime.

Subpoena – A command issued to a witness to appear in court and provide testimony.

Subpoena Duces Tecum – A command issued to a witness to appear in court and produce documents. Sometimes referred to as a “T.R.O.”

Testimony – Oral evidence given by a witness in a legal proceeding.

Transcript – A written account of everything said during a legal proceeding.

Venue – The geographical location in which a case is tried.

Verdict – In a criminal proceeding it is the decision of the judge or jury at trial, which determines the guilt or innocence of the accused.

Voir Dire – The legal process by which the judge and lawyers select a jury for a trial. The process involves questioning potential jurors to ensure that they can be fair and impartial in listening to the evidence and rendering their decision.

Warrant – It is an order issued by a judge, authorizing official police action such as the search of a residence or the arrest of an individual who failed to appear in court.