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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What is a felony?
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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What is a misdemeanor?
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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What is habeas corpus?
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 is unlawful. It acts as a key constitutional safeguard against being jailed without legal basis or due process. This article explains what habeas corpus means, when it’s used, and how […]
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What is mens rea?
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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What is probable cause?
Probable cause is the reasonable belief—based on specific facts and circumstances—that a crime was committed or evidence of a crime will be found. It’s the constitutional standard police generally must meet to make an arrest, conduct a search, or obtain a warrant under the Fourth Amendment. This article explains how probable cause is defined, how […]
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What is a plea bargain?
A plea bargain is an agreement in which a defendant pleads guilty or no contest—often to a reduced charge or with a recommended lighter sentence—in exchange for avoiding trial. Prosecutors use plea bargains to resolve cases efficiently, while defendants may accept them to limit risk and uncertainty at sentencing. This article explains how plea bargains […]
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What is double jeopardy?
Double jeopardy is the Fifth Amendment protection that generally bars a second prosecution or punishment for the same offense after an acquittal or conviction. It aims to stop the government from repeatedly trying someone until it wins, though separate sovereigns and certain mistrials can allow another case. This article explains when jeopardy attaches, what counts […]
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What is bail?
Bail is money or a bond a defendant posts to secure release from jail while awaiting trial, and the amount is set by a judge or schedule based on the charge and risk factors. It helps ensure the person returns to court and complies with release conditions, though some cases allow release without paying (own […]
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What is an arraignment?
An arraignment is a defendant’s first formal court appearance after arrest or a charging document is filed, where the judge reads the charges and the defendant enters a plea (guilty, not guilty, or no contest). It typically happens soon after arrest and may include bail decisions and key notice of rights. This article explains what […]
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What is an indictment?
An indictment is a formal written charge issued—typically by a grand jury—stating there is probable cause to believe a person committed a crime. It authorizes prosecutors to proceed with felony charges and signals that a case is moving forward in criminal court. This article explains how indictments work, what evidence standards apply, how they differ […]
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What To Do If You’re Accused Of Burglary
If you’re accused of burglary, do not discuss the case and get a criminal defense lawyer immediately—burglary is commonly charged as a felony carrying potential prison time (often 1–10+ years). Early steps like preserving evidence and asserting your rights can affect bail, plea negotiations, and trial strategy. This article explains how burglary charges work, the […]
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