Being accused of a crime can be frightening and overwhelming. To ease the fears, we provide the following information to allow you to familiarize yourself with general criminal law. If you have any questions regarding this information, or other questions regarding a criminal matter, please contact us.

     An Overview

       Criminal law is the body of law that relates to so-called "public wrongs." Criminal law does not deal with civil disputes between individuals, but relates to offenses against the public order that range from minor traffic violations, to serious, violent offenses, like robbery or murder. People who are charged with a crime are called defendants, and they are represented by criminal defense attorneys. The governmental body that pursues the charges against the defendant is represented by a lawyer called a prosecutor.

    Misdemeanor

        A misdemeanor is a crime that is regarded as less serious criminal offense. A misdemeanor usually is punishable by a fine, or by incarceration in a local jail for a period of less than one year. Misdemeanors are usually charged by a written complaint, or "information." Prosecutors typically do not convene a grand jury to investigate or issue indictments for misdemeanor charges. The charges may be considered minor, but being accused even of a misdemeanor can cause a major disruption in the life of an accused as well as an unforeseeable employment and immigration consequences. As in any criminal case, a person accused of a misdemeanor should seek the help of an experienced criminal defense attorney.

    Felony

        Felonies are the most serious types of crimes. The usual definition is that a felony is any crime that may be punished by more than a year's imprisonment, or death. A statute may not specifically label an offense as a felony, but the punishment defines the offense as a felony. State criminal codes may call a crime an "aggravated" or "gross" misdemeanor, but the offense calls for a sentence of more than one year in the state penal system. Those offenses will be treated as felonies and will have a devastating impact on one's employment or immigration status. When an individual is charged with a felony, the need for an experienced criminal defense attorney to help a defendant through the process becomes even greater.

    DWI

        A DWI is an offense of driving while intoxicated or operating a motor vehicle under influence of alcohol or drugs. This charge actually presents two legal challenges – the criminal charge and an administrative proceeding which, if not handled properly can lead to the loss of your driver’s license. Some DWI charges can be successfully challenged through the discovery rules and close attention to the facts. In other cases, the sensible approach is to obtain the best outcome possible, so that you can move on with your life.

                                      TIKHOMIROV & ROYTBLAT, PLLC