Criminal Defense Terms and Definitions

Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. 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) Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. 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. Abstract of record A short, abbreviated form of the case as found in the record. 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. 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. 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.

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	Did You Know?
	There are 3 basic types with standard of proof There are essentially three standards of proof applicable in most court proceedings. In criminal and delinquency cases, the offense must be proven beyond a reasonable doubt, the highest standard. In civil cases and neglect and dependency proceedings, the lowest standard applies by a mere preponderance of the evidence (more likely than not). In some civil cases, and in juvenile proceedings such a permanent termination of parental rights, an intermediate standard applies: proof by clear and convincing evidence.