In the United States, criminal defense is the legal process through which a person accused of a crime is defended against the government’s allegations. The criminal defense process begins with an arrest and ends with a verdict or sentence.
The Constitution guarantees all Americans the right to a fair trial. This right is enshrined in the Sixth Amendment, which states that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed.”
The criminal defense process is adversarial in nature. This means that the prosecution and the defense are pitted against each other. The goal of the defense is to prove the innocence of the accused, while the goal of the prosecution is to prove the guilt of the accused.
The criminal defense process is complex. It involves several steps, including pretrial motions, jury selection, opening statements, witness testimony, closing arguments, and sentencing. This is why you need an experienced criminal defense lawyer to help you navigate the criminal defense process and protect your rights.
Different Types of Crimes in Criminal Defense
If you have been accused of a crime, it is crucial to understand the different types of crimes that exist in the criminal justice system. Depending on the severity of the offense, you could be facing a felony, misdemeanor, or infraction.
A felony is the most serious type of crime. If you are convicted of a felony, you could face a prison sentence of one year or more. Some examples of felonies include murder, rape, and robbery.
A misdemeanor crime is less severe than a felony. If you are convicted of a misdemeanor, you could face a jail sentence of up to one year. Examples of misdemeanors include petty theft and simple assault.
An infraction is the least serious type of crime. If you are convicted of an infraction, you will not face a jail sentence. Instead, you may be required to pay a fine. Some examples of infractions include speeding and littering.
Different Types of Criminal Defense Cases
Criminal defense attorneys handle a wide variety of cases, including but not limited to:
- DUI/DWI. Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in the United States. If you are convicted of DUI/DWI, you can expect stiff penalties, including a driver’s license suspension, fines, and jail time. In some states, you may also be required to install an ignition interlock device (IID) in your vehicle.
- Drug Crimes. Possession, manufacture, and distribution of controlled substances are all drug crimes in the United States. Controlled substances include illegal drugs, such as marijuana, cocaine, and heroin, as well as legal drugs that are regulated by the government, such as prescription drugs. Drug crimes carry severe penalties, including jail time and hefty fines.
- Theft Crimes. Theft crimes are any crimes that involve taking someone else’s property without their permission. Common theft crimes include shoplifting, burglary, and car theft. The penalties for theft crimes vary depending on the value of the property that was stolen, but they can range from a misdemeanor charge to a felony charge.
- Assault and Battery. Assault is the crime of threatening to harm someone, while the battery is the crime of actually harming someone. Assault and battery are often charged together, and can be either a misdemeanor or felony charges. The penalties for assault and battery depend on the severity of the crime, but they can include jail time, fines, and probation.
- Domestic Violence. Domestic violence is a serious problem in the United States. It is defined as any type of violence that occurs between family members or intimate partners. Domestic violence can include physical violence, sexual violence, emotional abuse, and economic abuse. If you are convicted of domestic violence, you can expect to face jail time, fines, and a restraining order.
- Sex Crimes. Sex crimes are any crimes that involve sexual conduct. They can include rape, sexual assault, child pornography, and solicitation. Sex crimes carry severe penalties, including jail time, fines, and sex offender registration.
- Murder. Murder is the unlawful killing of another person with malice aforethought. It is the most serious crime that a person can be charged with, and it carries a penalty of life in prison or the death penalty.
- Violent Crimes. Violent crimes are any crimes that involve the use of force or the threat of force. They can include assault, battery, robbery, and murder. Violent crimes carry severe penalties, including jail time, fines, and probation.
- White Collar Crimes. White-collar crimes are any crimes that are committed by business professionals. They can include embezzlement, fraud, money laundering, and insider trading. White-collar crimes carry penalties of fines and imprisonment.
- Appeals. Appeals are cases that have been appealed by lower courts. Appeals lawyers handle cases that have been appealed from lower courts.
The Role of a Criminal Defense Lawyer
Criminal defense lawyers help individuals who have been accused of breaking the law. They work tirelessly to ensure that their client’s rights are protected at every stage of the criminal justice process. In many cases, they can get charges reduced or dismissed altogether.
If you have been accused of a crime, it is vital to seek out the services of a qualified criminal defense lawyer as soon as possible. An experienced lawyer will know how to navigate the complex legal system and will fight hard to protect your rights.
If you are facing criminal charges, a criminal defense lawyer can:
- Investigate the facts of your case
- Identify any constitutional violations
- File motions to suppress evidence
- Negotiate with prosecutors
- Represent you at trial
- Appeal your conviction
A criminal defense lawyer will work tirelessly to ensure that you receive a fair trial and the best possible outcome in your case.
Legal Help You Can Trust
When you’re facing criminal charges, the stakes are high. You need a lawyer who will fight for you and has the experience and knowledge to get the best possible outcome. GPS Law Group has a proven track record of success in criminal defense cases, and we’re ready to put our skills to work for you.
Our attorneys understand that being charged with a crime can be a frightening experience. That’s why we’ll be by your side every step of the way, providing the support and guidance you need. We’ll thoroughly investigate your case and work tirelessly to get the charges against you reduced or dropped entirely.
If you’ve been charged with a crime, don’t hesitate to contact GPS Law Group—call us at (704) 549-1950 to discuss your case or use our online contact form to send a message and set up a free consultation. We’ll provide you with the experienced, aggressive representation you need to get through this difficult time.
GPS Law Group serves Charlotte, North Carolina, and the surrounding communities.