Criminal law is a wide subject, but this section provides an overview of the essential elements of criminal law. Below you will find introductory information on the basics of criminal law -- including classification of crimes, differences between civil and criminal cases, how crimes are charged and how to hire a criminal defense lawyer.
Criminal Laws and Their Sources
When a society and its government decide that certain conduct is dangerous to citizens, or damaging to the society as a whole, such conduct is labeled a "crime" and is made punishable by sanctions such as fines and imprisonment. Most crimes are identified in statutes that have been enacted by federal, state, and local government legislatures, in response to issues that affect the jurisdiction. For example, a city may determine that it is a crime to be drunk in public, while the federal government decides bank robbery is a federal crime, since most banks are federally insured.
Criminal statutes describe the type of conduct that has been deemed a crime, the mindset or intent required, and in some instances, the proper punishment. For example, the following "Burglary" statutes are from the California Penal Code:
Section 459. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, [etc.]...with intent to commit grand or petit larceny or any felony is guilty of burglary. Section 461. Burglary is punishable as follows:
1. Burglary in the first degree: by imprisonment in the state prison for two, four, or six years. 2. Burglary in the second degree: by imprisonment in the county jail not exceeding one year or in the state prison.
People who are found to have violated a criminal law -- whether through their own admission by a "guilty" plea, or as a result of a jury trial -- can be punished through imposition of fines, imprisonment, probation, and community service, among other penalties.
The Criminal Law System: Players and Procedure
The criminal law "system" encompasses the entire criminal process itself -- from investigation and arrest, to conviction and sentencing -- and the people who play a role in that process: the accused, police officers, prosecuting attorneys, bail bondsmen, criminal defense attorneys, judges, witnesses, probation officers, and corrections officers.
At all stages of the criminal process, a person suspected of or charged with a crime is entitled to certain fundamental rights that derive from the U.S. Constitution and key court decisions. These include the right to an attorney and the right to a speedy jury trial. These constitutional rights provide a balance between the government's interest in ensuring that criminal behavior is identified and punished, and the fundamental need to preserve and promote the individual freedoms that characterize a democratic society.
The Outcome: How Might a Criminal Case End?
The outcome of any criminal case depends upon the crime charged, the strength of the evidence, the legal validity of law enforcement and courtroom procedure, and the goals and strategy of the government and defense. When all is said and done, there may be no legal consequence for a person charged with a crime, because the charges are dismissed, or a full-fledged jury trial might result in a criminal conviction.
Some potential outcomes of a criminal case are:
A criminal investigation ends with no arrest.
An arrest occurs, but the case is dismissed because the police illegally seized the only evidence of crime.
A person is arrested and charged with a crime, then enters into a plea bargain with the government, agreeing to plead "guilty" in exchange for some form of leniency, such as a lighter sentence.
A person is brought to trial and found "not guilty," or acquitted, by a jury.
A person is convicted by a jury and sentenced to a long prison term.
If you or someone you know have been charged with a crime, you need an aggressive, qualified and experienced lawyer who will fight for you. Criminal defense attorney Stephen A. King has fought over 1,000 criminal law cases and knows what it takes to get a successful outcome on your case. He has completed nearly 100 jury trials and his vast experience includes successfully defending clients faced with virtually every type of criminal charge including; third strikes, murder, attempted murder, kidnapping, robbery, assault with a deadly weapon, criminal threats, drug transportation, identity theft, fraud and even misdemeanor offenses such as driving while under the influence (DUI) and domestic violence. To see our full range of criminal law services, download our A-to-Z list.
When you have been arrested or charged with a crime, you want a lawyer who knows what it takes to keep you free. Mr. King is a criminal lawyer who has been securing freedom for his client's for almost a decade now and has the reputation of being a champion in the courtroom. He has never lost a three strikes case and has gotten dismissals of nearly every possible criminal charge on the books, including murder, attempted murder, and kidnapping.
Mr. King's earned reputation for success and integrity in the courts extends beyond Los Angeles County as he has also handled cases in San Bernardino, Orange and Riverside Counties where he has gotten outstanding results for his clients. Mr. King has argued cases in the Superior Court, Federal Court as well as the Appellate Court of California. Through his tenacity and relentless drive for success, Mr. King has developed a unique mix of hard-fought experience and a youthful energy which allows him to go the distance for each and every client.
Contact Top Los Angeles Criminal Defense Lawyer Stephen A. King at (310) 598-6703 to schedule a consultation today.
Animal Abuse, Arson, Assault, Assault with a Deadly Weapon, Assault with a Firearm, Auto Burglary, Battery, Battery on a Peace Officer, Battery with Serious Bodily Injury, Bribery, Burglary, Carjacking, Child Abuse, Child Endangerment, Child Pornography, Contributing to the Delinquency of a Minor, Criminal Threats, Destructive Devices, Dirk or dagger, Disability Placard Misuse, Dissuading a Witness or Victim, Disturbing the Peace, Domestic Violence, (Drive-by) Shooting from a Motor Vehicle, Driving on a Suspended License, Driving Without a License, Drug Crimes (Paraphernalia, Possession, Possession for Sales, Sales/Transportation, Methamphetamine, Controlled Substance), Drunk in Public/Public Intoxication, DUI, DUI of Drugs, Elder Abuse, Embezzlement, Evading a Peace Officer, Evading an Officer Causing Injury or Death, Felony Reckless Evading, Expungements (Destroy Arrest Records, Reduce a Felony to a Misdemeanor, Seal Juvenile Records, Certificates of Rehabilitation), Extortion, Failure to Register as a Sex Offender, Fake ID's, False Imprisonment, False Information to a Peace Officer, False Statements to the DMV or CHP, Federal Crimes, Felon with a Firearm, Firearm Offense (Brandishing a Weapon or Firearm, Carrying a Loaded Firearm, Carrying a Concealed Weapon), Fireworks Laws, Forgery, Fraud (Fraud Information, Asset Forfeiture, Auto Insurance Fraud, Credit Card Fraud, False Impersonation, Fraudulent Vehicle Registration Stickers, Health Care Fraud, Identity Theft, Insurance Fraud, Internet Fraud, Mail Fraud, Medi-Cal Fraud, Prescription Fraud, Real Estate & Mortgage Fraud, Foreclosure Fraud, Phantom Help, Securities Fraud, Senior Fraud, Unemployment Insurance Fraud, Welfare Fraud, Workers Compensation Fraud), Furnishing or Selling Alcohol to Minors, Gang Enhancements, Grand Theft Auto, Grand Theft of a Firearm, Handicapped Placard Misuse, Hate Crimes, Hit & Run, Indecent Exposure, Juvenile Crimes, Kidnapping, Leaving an Animal Unattended in a Vehicle, Lewd Acts with a Minor, Lewd Conduct in Public, Mayhem, Marijuana (Possession, Possession for Sale, Sales, Cultivation, Concentrated Cannabis, Medical Marijuana, DUI Marijuana in California, Possession While Driving), Murder (Attempted Murder, DUI Murder, Involuntary Manslaughter, Murder, Voluntary Manslaughter), Nursing Home Abuse, Pimping and Pandering, Probation Violation Hearings, Prostitution, Rape (Oral Copulation by Force, Rape, Sexual Battery, Spousal Rape, Statutory Rape), Receiving Stolen Property, Resisting an Executive Officer, Resisting Arrest, Robbery, Sexual Battery, Shoplifting, Sodomy, Solicitation for Prostitution, Stalking, Statutory Rape, Theft (Petty theft, Grand Theft), Three Strikes Law, Torture, Trespassing, Vandalism, Vehicular Manslaughter (Gross Vehicular Manslaughter), Warrants
