By Michael Arbeit
Founding Attorney
Founding Attorney
The law relies on highly specialized definitions, which are difficult to understand if you don’t have the requisite training. If you are currently facing a criminal charge, it’s important to know what the various terms mean so you can fully understand the nature of the charges and what options are available. Here are some of the most common terms you might encounter:
- Acquittal – An acquittal is an outcome of a criminal trial in which the jury deems the defendant not guilty of the accused crime.
- Adjourn – A judge can adjourn a case and suspend it to continue with proceedings at a later time.
- Affidavit – An affidavit is a sworn written statement that attests to some facts relevant to the case. A deposition is an oral form of an affidavit.
- Bail – Defendants pay bail as a form of collateral to ensure they show up in court and don’t flee the charges.
- Conditional Discharge – A conditional discharge is a sentence that requires the defendant to complete a program or abide by some specific behavior. Conditional discharge occurs when a judge doesn’t think jail or probation is acceptable for the crime.
- Conviction – A conviction is an outcome of a trial in which a jury finds a defendant guilty or the defendant pleads guilty to the crime.
- Cross-Examination – A cross-examination occurs when an attorney questions a witness for the opposing party to clarify and assess their claims.
- Defendant – The defendant in a criminal trial is the person the state accuses of committing a crime. The plaintiff is the one who is charging the criminal, typically the victim or the state of New York.
- Dismissal – A judge can dismiss and remove the defendant’s charges when they feel the prosecution doesn’t have enough evidence to take the case to trial.
- Felony – Felonies are the most serious classification of crime in New York and include most major violent crimes, such as murder, robbery, assault, and battery. Class A felonies are the most severe, while Class E felonies are the least severe.
- Grand Jury – A grand jury is an entity that hears criminal complaints and decides whether to press charges for felony crimes.
- Hung Jury – A hung jury occurs when a jury cannot reach a unanimous verdict. A hung jury typically results in a retrial.
- Indictment – An indictment is a document that charges a specific party with a crime. The prosecution writes the indictment, and a grand jury signs and fills it out.
- Jurisdiction – A court’s jurisdiction is the range in which a given court has authority to enforce the law. For instance, each DA in New York has the jurisdiction to prosecute crimes that occur in their county.
- Misdemeanor – A misdemeanor is a lower-level criminal charge that typically carries less than a year in prison. New York divides misdemeanors into Class A and B from most to least severe.
- Plea – A plea is a formal statement the defendant gives stating whether they plead guilty or not guilty to the charges the prosecution has raised.
- Probation – Probation is a type of supervision program that can be an alternative to prison, where the convicted obeys the law and reports to a probation officer.
- Remand – A court may remand an individual and deny them bail if they feel there is a significant risk of them fleeing the court’s jurisdiction.
- Trial – During a criminal trial, both sides present evidence in front of a court and jury who render a verdict concerning the accused’s guilt.
- Warrant – A warrant is a document a judge issues giving the police permission to arrest the accused or search for and seize their property.
Criminal Defense Attorneys on Long Island & The 5 Boroughs of New York
If you have more questions about standard criminal law definitions, contact Michael A. Arbeit, PC, online or call today for a free case consultation.
Michael A. Arbeit, P.C. assists clients throughout Long Island, including Nassau County, Suffolk County, Garden City, Freeport, and New York, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.