Jack Gilbert

Civil Litigation Criminal Defense Personal Injury

What is battery?

March 26, 2026

Battery is typically an intentional, unconsented physical touching that is harmful or offensive, and it can be charged as a misdemeanor or felony depending on...

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Burglary Crime Classification Property Crimes

What is burglary?

March 26, 2026

Burglary is typically defined as unlawfully entering a building or dwelling with the intent to commit a crime inside—often theft, but not always. Many states...

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Criminal Charges Criminal Law Murder

What is first-degree murder?

March 26, 2026

First-degree murder is the intentional, premeditated killing of another person and is typically the most serious homicide charge, often punishable by life in prison or,...

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Criminal Law Homicide and Murder Murder

What is second-degree murder?

March 26, 2026

Second-degree murder is typically an intentional killing that is not premeditated, or a killing caused by extreme recklessness (often called “depraved heart” murder). Unlike first-degree...

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Criminal Charges Criminal Law Misdemeanor

What is a misdemeanor?

March 26, 2026

A misdemeanor is a criminal offense typically punishable by up to one year in jail, fines, probation, or community service. It is less serious than...

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Criminal Charges and Procedures Criminal Law Felony

What is a felony?

March 26, 2026

A felony is a serious crime typically punishable by more than one year in state or federal prison, and in some cases by significant fines...

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Appellate Law Constitutional Law Criminal Defense

What is habeas corpus?

March 26, 2026

Habeas corpus is a court petition that requires the government to justify a person’s detention and allows a judge to order release if the custody...

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Criminal Defense Juvenile Justice White Collar Crime

What is mens rea?

March 26, 2026

Mens rea is the mental state prosecutors must prove—along with the actus reus—to establish most crimes. It covers intent levels like purpose, knowledge, recklessness, and...

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Criminal Law Legal Concepts Legal Definitions

What is actus reus?

March 26, 2026

Actus reus is the “guilty act” element of most crimes—typically requiring a voluntary act or a legally recognized omission. In criminal law, prosecutors generally must...

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Criminal Defense Strategies Legal Defenses Legal Definitions

What is an affirmative defense?

March 26, 2026

An affirmative defense is a legal argument that can defeat or reduce liability even if the plaintiff’s main allegations are true. Instead of denying the...

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Criminal Law Homicide and Murder Manslaughter

What is manslaughter?

March 26, 2026

Manslaughter is a criminal homicide where someone causes another person’s death without the intent required for murder, typically charged as voluntary or involuntary manslaughter. The...

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Court Procedures and Legal Process Criminal Law

What is a grand jury?

March 26, 2026

A grand jury is a panel—typically 16 to 23 citizens in federal cases—that decides whether there’s probable cause to charge someone with a crime. It...

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