Blog

Civil Litigation Criminal Defense

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Personal Injury

What is battery?

March 26, 2026 • By Jack Gilbert

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 injury, weapon use, and state law. Unlike assault, battery usually requires actual contact, and penalties may include jail time, fines, probation, and protective orders. This article defines battery, breaks down […]

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Assault Assault and Battery Law

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Criminal Law

What is assault?

March 26, 2026 • By Jack Gilbert

Assault is an intentional act that makes another person reasonably fear immediate harmful or offensive contact, even if no physical injury occurs. In many jurisdictions, assault can be charged based on threats, attempts, or menacing conduct, while actual contact is often prosecuted as battery. This article explains the legal definition of assault, common examples, key […]

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Criminal Law Criminal Responsibility

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Negligence

What is criminal negligence?

March 26, 2026 • By Jack Gilbert

Criminal negligence is a gross deviation from reasonable care—often described as acting with “wanton or reckless disregard” for others’ safety—that creates a substantial and unjustifiable risk of harm. It goes beyond ordinary carelessness and can lead to criminal charges when someone should have been aware their conduct could cause serious injury or death. This article […]

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Legal Concepts and Terminology Legal Definitions

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Traffic Violations

What is an infraction?

March 26, 2026 • By Jack Gilbert

An infraction is the least serious type of legal violation and is usually punishable by a fine rather than jail time. In most states, infractions are treated as non-criminal offenses, often for issues like traffic tickets or minor municipal code violations, though rules vary by jurisdiction. This article explains how infractions differ from misdemeanors and […]

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Criminal Charges and Procedures Criminal Law

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Felony

What is a felony?

March 26, 2026 • By Jack Gilbert

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 or even life sentences. Felony charges usually involve violent offenses, major property crimes, high-level drug crimes, or repeat offenses, and they carry long-term consequences beyond incarceration. This article explains what […]

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Criminal Charges Criminal Law

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Misdemeanor

What is a misdemeanor?

March 26, 2026 • By Jack Gilbert

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 a felony but can still create a permanent criminal record and other long-term consequences. This article explains what counts as a misdemeanor, common examples and penalties, how misdemeanors differ from […]

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Criminal Law Homicide and Murder

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Murder

What is second-degree murder?

March 26, 2026 • By Jack Gilbert

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 murder, it generally lacks advance planning, but it is more culpable than manslaughter because it involves intent or a blatant disregard for human life. This article explains the legal definition, […]

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Criminal Charges Criminal Law

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Murder

What is first-degree murder?

March 26, 2026 • By Jack Gilbert

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, in some states, the death penalty. Many jurisdictions also treat certain felony killings as first-degree murder under “felony murder” rules. This article explains the legal definition, required elements, common examples, […]

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Criminal Law Homicide and Murder

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Manslaughter

What is manslaughter?

March 26, 2026 • By Jack Gilbert

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 difference often turns on factors like provocation, recklessness, or criminal negligence, and penalties vary widely by state and case facts. This article explains the legal definition, key elements, common defenses, […]

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Criminal Defense Strategies Legal Defenses

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Legal Definitions

What is an affirmative defense?

March 26, 2026 • By Jack Gilbert

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 conduct, the defendant raises additional facts or legal doctrines—often with the burden of proof on the defense—to justify, excuse, or limit responsibility. This article explains how affirmative defenses work, common […]

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Criminal Law Legal Concepts

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Legal Definitions

What is actus reus?

March 26, 2026 • By Jack Gilbert

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 prove both actus reus and mens rea (the guilty mind) beyond a reasonable doubt. This article explains what counts as an act or omission, how causation and attendant circumstances fit […]

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Criminal Defense Juvenile Justice

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White Collar Crime

What is mens rea?

March 26, 2026 • By Jack Gilbert

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 negligence, which can raise or reduce charges. This article explains mens rea, common categories, and how it impacts criminal liability and defenses. When someone commits a crime, the physical act […]

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