Criminal Defense Terms and Definitions

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) Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Abstract of record A short, abbreviated form of the case as found in the record. Manslaughter A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter. 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. 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. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. 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.

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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.