Criminal Defense Terms and Definitions

Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Misdemeanor A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C. Bench warrant An order issued by the court for the arrest of a person Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery) Manslaughter A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter. Fifth Amendment Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal (or juvenile) proceeding. Admissible evidence Evidence which can legally and properly be used in court. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Fourteenth Amendment Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process.

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	Did You Know?
	There are 3 basic types with standard of proof There are essentially three standards of proof applicable in most court proceedings. In criminal and delinquency cases, the offense must be proven beyond a reasonable doubt, the highest standard. In civil cases and neglect and dependency proceedings, the lowest standard applies by a mere preponderance of the evidence (more likely than not). In some civil cases, and in juvenile proceedings such a permanent termination of parental rights, an intermediate standard applies: proof by clear and convincing evidence.