Criminal Law Overview
What is criminal law? Criminal law is the prosecution of a person by the government for an act that has been classified as a crime. When accused of a criminal offense in San Diego, people are faced with the horrible possibility of going to jail.
In terms of legal defense, there are three options available.
- The defendant may hire a private criminal attorney at their own expense
- The defendant may personally represent themselves
- The defendant may utilize the criminal defense services provided by the federal or state court system.
The United States Constitution guarantees every criminal defendant a criminal attorney.
Crimes are classified into one of two categories. The more serious crime, such as murder or rape, is considered a felony. Felonies are usually punishable by imprisonment of a year or more. The other type of a criminal offense is a misdemeanor, such as petty theft. This type of crime is less serious and is punishable by less than a year.
For a criminal conviction in San Diego , prosecutors must prove each and every element of the crime to gain a conviction. In addition, a prosecutor must persuade the judge or jury ‘beyond a reasonable doubt’ of every fact necessary to constitute the charge.
Why do you need a criminal attorney?
A criminal attorney has the experience and expertise crucial to protecting the legal rights of the defendant. In addition, a criminal lawyer can provide the necessary services to build a strong defense in a criminal case and a criminal attorney will make sure a defendant’s rights are not breeched or otherwise compromised at any point during the legal process.
Criminal Law Frequently Asked Questions