Criminal Defense Terms and Definitions

Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. 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. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. 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. Admissible evidence Evidence which can legally and properly be used in court. Miranda rule The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. Accessory A person who assists in the commission of a crime, either before or after the fact. 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) Assault A willful attempt to illegally inflict injury on or threaten a person.

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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.