Criminal Defense Terms and Definitions

Bench warrant An order issued by the court for the arrest of a person Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. Abstract of record A short, abbreviated form of the case as found in the record. Assault A willful attempt to illegally inflict injury on or threaten a person. Tort An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed. Felony A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Fourteenth Amendment Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process. Accessory A person who assists in the commission of a crime, either before or after the fact. Admissible evidence Evidence which can legally and properly be used in court.

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	Did You Know?
	Plea Bargaining - a process whereby the prosecutor and defense attorney negotiate Process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation, or for dismissal of one or more of the charges in a multi-count information, or for dismissal of another case.