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.

  1. The defendant may hire a private criminal attorney at their own expense
  2. The defendant may personally represent themselves
  3. 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