Criminal Defense Terms and Definitions

Abstract of record A short, abbreviated form of the case as found in the record. Bench warrant An order issued by the court for the arrest of a person Levy A seizure; the obtaining of money by legal process through seizure and sale of property. Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery) 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. Fifth Amendment Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal (or juvenile) proceeding. Admissible evidence Evidence which can legally and properly be used in court. Misdemeanor A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft.

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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.