Criminal Defense Terms and Definitions

Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. 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. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. 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 Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. 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. Fourteenth Amendment Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process.

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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.