Helping Individuals Defend against Criminal Charges in the State or Federal Court Systems
Felonies versus Misdemeanors
At both the state and federal levels, crimes are generally classified into two different groups: felonies and misdemeanors. Of the two groups, felonies are more serious crimes and carry significant penalties upon conviction. For you to receive a penalty, you must ordinarily be found guilty and convicted of the underlying offense. It is then up to the sentencing judge to pass sentence in your case.
Generally speaking, misdemeanor offenses are punishable by less than one year of incarceration. Instead of incarceration, however, the sentencing judge could impose monetary penalties, community service, and a whole host of other penalties. Felony convictions, on the other hand, are typically punishable by more than one year in jail, along with fines, community service, and other penalties.
In addition to the criminal penalties associated with a felony or misdemeanor conviction, the accused individual will also have a criminal conviction record to contend with. A criminal record will likely have an impact on the rest of the accused’s quality of life and can make it difficult for him or her to find meaningful work, find a place to live, or obtain an education at a college or university since these entities routinely perform criminal background checks on applicants.
State Court versus Federal Court
Generally speaking, a federal court proceeding is much more complex than a state court proceeding. State court matters are usually reserved for violations of state law, while federal court is usually implicated where an individual violated a federal statute or other law. Federal prosecutions typically involve larger drug transactions or conspiracies, involve weapons, large-scale fraud cases, or cases involving government fraud or bank robberies. With many federal charges, there are mandatory minimum sentences and no chance at parole.
The Burden of Proof in Criminal Cases
In criminal cases, the state or federal prosecutor who is assigned to the case has the legal burden of proof. Generally, the prosecutor must determine that the individual who has been arrested and charged with the offense committed the crime beyond a reasonable doubt. "Beyond a reasonable doubt" means beyond a doubt that is based upon ordinary common sense and ordinary reason. In other words, the standard is not "beyond any doubt.”
The accused, on the other hand, is not required to prove anything in a criminal case. Instead, the burden of proving all of the legal elements of the criminal offense(s) rests with the state or federal prosecutor, depending upon the circumstances.
Legal Defenses to Criminal Charges
If you are facing criminal charges at the state or federal level, you might be able to assert one or more defenses to your criminal charge. You could allege self-defense, entrapment, duress, or constitutional violations, for example. An experienced Alabama state and federal criminal defense lawyer can let you know what defenses might be available to you and could raise them on your behalf in court.
Talk to an Experienced Alabama State and Federal Criminal Defense Lawyer Today
