Our justice system in the United States is divided into civil and criminal law. Civil cases involve legal duties and responsibilities owed between people and are usually settled through monetary awards. Criminal cases involve violations of criminal statutes and are prosecuted by government attorneys such as an Assistant District Attorney. The outcome is the finding of a defendant as guilty or not guilty. If found guilty, the sentence usually includes time in prison.
What is a Criminal Defense Attorney?
A criminal lawyer plays a crucial role in the criminal justice system by providing criminal defense representation to individuals or organizations charged with criminal offenses. The primary objective of criminal defense attorneys is to protect the rights and interests of their clients throughout the entire legal process. They serve as advocates, working diligently to ensure that their clients receive fair treatment and due process. A criminal defense attorney thoroughly analyzes the evidence, investigates the case, and develops a defense strategy tailored to the specific circumstances.
Criminal defense attorneys negotiate with prosecutors, aiming to secure the best possible outcome, whether through plea bargains or reduced charges. If the case proceeds to trial, criminal defense lawyers present their clients’ cases, cross-examine witnesses, challenge evidence, and provide a strong defense to pursue a favorable verdict. Their skill, experience, knowledge of the law, and ability to navigate complex legal procedures are instrumental in safeguarding the rights and liberties of their clients.
Types of Crimes & Burden of Proof
Crimes range in severity from infractions to felonies. Infractions usually involve minor traffic violations. Felonies are more serious crimes and can carry significant prison sentences. Grave felonies involving certain aggravated murder cases carry the death penalty in certain states.
Crimes usually include a number of elements that constitute the crime. For each charge made against a defendant, a prosecutor must have evidence that each and every element of the crime has been met. A prosecutor must convince a jury that the defendant charged is guilty beyond a reasonable doubt. This is a high burden of proof. The jury must know with moral certainty that the crime was committed by the defendant or acquit.
In Pennsylvania and New Jersey, the criminal justice systems recognize various types of crimes. Here are some common categories of crimes in both states:
Violent Crimes: These include offenses involving the use or threat of physical force, such as assault, homicide, manslaughter, robbery, and domestic violence.
Property Crimes: Property crimes involve offenses against someone’s property, such as theft, burglary, arson, vandalism, and trespassing.
Drug Crimes: These offenses encompass drug possession, manufacturing, distribution, or trafficking of illegal substances. This includes charges related to controlled substances like cocaine, heroin, marijuana, and prescription drugs.
White-Collar Crimes: A white-collar crime involves non-violent offenses typically committed in business or professional settings. Examples include fraud, embezzlement, money laundering, identity theft, and securities fraud.
DUI Offenses: Driving under the influence (DUI) or driving while intoxicated (DWI) refers to operating a vehicle while impaired by alcohol or drugs. These offenses carry serious penalties and can involve license suspension or revocation.
Sex Crimes: Sex crimes cover a range of offenses, including rape, sexual assault, child pornography, indecent exposure, and sexual abuse.
Traffic Violations: Traffic violations involve infractions such as speeding, reckless driving, running red lights, driving without a license or insurance, and hit-and-run accidents.
Juvenile Offenses: Juvenile offenses are committed by individuals under the age of 18. They can include various types of crimes, from minor offenses to more serious offenses like theft, assault, or drug offenses.
Cyber crimes: With the rise of technology, cyber crimes have become increasingly prevalent. These offenses include hacking, identity theft, phishing, cyberbullying, and online fraud.
It’s important to note that this list is not exhaustive, and the specific statutes and classifications of crimes may vary between Pennsylvania and New Jersey. The severity and penalties associated with each type of crime can also differ based on factors such as the degree of the offense, prior convictions, and aggravating circumstances.
At the Law Offices of E. William Hevenor, our Philadelphia criminal defense attorney will be able to advise you on the nature of the crime charged and the penalties you face.
Building a Defense For Your Charges
The most common defense a defendant will raise is that he or she did not commit the crime. The argument can be either that someone else committed the crime or that no crime was committed. If the defense is that no crime was committed, then the defense attorney may propose that the witness’s version of the events is untrue. The defendant may have an alibi and put forth evidence that they were somewhere other than the scene of the crime when it was committed. Alternatively, the defense could claim that the defendant did not commit all of the elements of the crime.
In criminal cases such as battery, assault, or murder, a person has a right to protect themselves from injury. If the defendant was not the aggressor, then self-defense can justify what would otherwise be a crime. A less common and difficult defense is being innocent by reason of insanity. This is based on the view that only people capable of appreciating the wrongness of an act and controlling their behavior can be found guilty of a crime.
Why You Should Hire a Criminal Defense Lawyer
The decision to hire a criminal defense lawyer may be the most important decision of your life. The stakes are high, especially if you were charged with a felony. An experienced criminal defense lawyer will plan a strategy and execute it, taking full advantage of their knowledge of the laws and the court system. Benefits of hiring a criminal defense attorney include the ability to:
Make strategic use of discovery
Negotiate with prosecutors on your behalf
Understand local court culture, judges, rules, and procedures
Delay or expedite trial
At the Law Offices of E. William Hevenor, we are experienced in state and federal court trial court matters. We know how critical it is for a person charged to have an attorney present at every stage of the process. Our experienced criminal defense attorney will work to achieve the best outcome possible for the state and federal charges you may face.
What You Can Expect From a Criminal Defense Lawyer
When you are facing criminal charges, it is important to secure the services of an experienced and knowledgeable criminal defense lawyer. An attorney can provide advice on legal matters regarding your case, advise you of possible defenses or plea negotiations, as well as legal representation of you in court proceedings.
A Philadelphia criminal lawyer can explain the criminal charges against you and explain any potential consequences if you are found guilty. They will also guide you through the process, from the police investigation to plea negotiations and trial proceedings if necessary. Your attorney will make sure that your rights are protected throughout the proceedings and ensure that any evidence against you is lawfully obtained.
The criminal defense lawyer will review all of the evidence in your case and develop a defense strategy tailored to your individual criminal defense needs. They will also negotiate with the prosecution to try to reach a plea deal or reduced charge that can help you avoid going to trial and minimize the potential penalties associated with your charges.
If your case does go to trial, the criminal defense lawyer will present evidence in your favor and cross-examine witnesses involved in the case. Your attorney can also appeal your conviction if the court has ruled against you.
No matter what type of criminal charge you are facing, having a knowledgeable and experienced criminal defense attorney on your side is essential. Contact an attorney today to discuss your legal options and protect your rights. With the right representation, you can get the best possible outcome for your case.
Facing Criminal Charges in PA or NJ? Talk to an Experienced Defense Attorney
At the Law Offices of E. William Hevenor, we have decades of experience as New Jersey and Philadelphia criminal defense lawyers. We practice in state and federal courts and provide criminal defense representation on virtually any criminal offense charged. We promise an aggressive defense to any charge from a minor misdemeanor to a serious felony. We handle all preliminary hearing matters, jury trials, and post-sentence motions and arguments to the appellate courts.
If you or a loved one has been arrested or faces criminal charges, call today at (610) 251-9930 for a free consultation to learn what rights you have to a strong defense. Every defendant charged with a criminal offense has legal rights. Only criminal defense lawyers can protect your rights.
