Criminal Defense Terms and Definitions

Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. 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) Tort An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed. Admissible evidence Evidence which can legally and properly be used in court. 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. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Felony A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree Abstract of record A short, abbreviated form of the case as found in the record. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Bench warrant An order issued by the court for the arrest of a person

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	Did You Know?
	Miranda rule and Miranda rights are important The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. The rights include: a. The right to remain silent and to refuse to answer any questions; b. The right to know that anything the suspect says can and will be used against the suspect in a court of law; c. The right to consult with an attorney and to have an attorney present during questioning; d. The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford counsel.