Criminal Defense Terms and Definitions

Subpoena An official order to appear in court (or at a deposition) at a specific time. Failure to obey a subpoena to appear in court is punishable as a contempt of court. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. 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 Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. 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. Bench warrant An order issued by the court for the arrest of a person Assault A willful attempt to illegally inflict injury on or threaten a person. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. 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.