
Think a misdemeanor is no big deal? Tell that to the recruiter who asks about your criminal record or the landlord running a background check on you. Unfortunately, criminal charges stick with you in this country, so it is imperative to know the basics of criminal law.
Even when accused of a crime, you have constitutional rights and protections. But if you don’t understand them, you can’t use them. This article will explain five fundamental aspects of criminal law that every American should know about. Remember, in a courtroom, what you don’t know could hurt you.
“People only think about criminal law when they’re facing charges. But understanding how the system works beforehand can help you avoid legal trouble or handle it smartly if it comes your way,” says David Benowitz of Platinum Criminal Defense Lawyer David Benowitz.
Here are the most basic criminal law principles that everyone should know.
First, you need to understand the different categorizations of crimes because the type of charge you’re facing can affect everything, from whether you qualify for bail to whether the charge will show up on your record and even whether you can own a firearm in the future. Here is what you should know.
The crosswalk is too far, yet the coffee shop is across the street. So you decided to jaywalk. That’s an infraction. Or maybe you rolled through a stop sign on a quiet street or cranked up your music too loud at night.
An infraction is the lowest level of crime you can be charged with. It's a minor offense that typically results in fines rather than jail time. But if you accumulate them, things can get serious.
For instance, multiple infractions, like repeated speeding tickets, can result in higher insurance premiums, license suspension, or mandatory traffic school.
A heated argument might have taken an ugly turn when punches were exchanged. Or maybe you had one too many and thought you could drive.
Misdemeanors often seem like minor crimes, at least when compared to felonies, but they can cause major problems if you repeat them or if they involve violence or theft.
Class A misdemeanors, like DUI or assault charges, often carry jail time since they are the most severe. Class B misdemeanors are moderate offenses, such as shoplifting or trespassing, and they usually carry fines or probation. Class C misdemeanors are the least severe, like public intoxication, and typically result in fines.
Felonies are not misdemeanors or infractions. These are crimes with the potential to change your life forever. And it's not just about jail time. With a felony charge on your record, you could lose your right to vote, own a firearm, or even get a decent job.
In Washington D.C., getting charged with a felony could mean prison time of more than one year, steep fines, loss of rights, and a permanent criminal record.
Class A felonies, like murder, rape, arson, and kidnapping, typically result in life sentence or death penalty. Class B felonies typically carry prison sentences of 10 to 25 years, and they include manslaughter, drug trafficking, and robbery, among others. Class C felonies carry significant prison time of between three to ten years, but there is room for reduced sentences or plea bargains.
A courtroom is often not about what you did; it's more about what the prosecution can prove. If they can’t meet the legal threshold to find you guilty, you remain innocent. It's like building a chain—the prosecution must connect every link, and if even one is weak, the whole case could fall apart.
Here are the three elements that must be proven.
Actus Reus (The Criminal Act)
This is the physical act of committing a crime, like pulling the trigger on a shooting or stealing from a store. Without it, there’s no crime.
Mens Rea (The Criminal Intent)
Accidentally breaking the TV is not a crime. Smashing it in the heat of an argument is. It's known as criminal intent, and the prosecution must prove your state of mind, usually by intent, knowledge, or recklessness.
Concurrence
If you thought about stealing a few items from the store on Monday but mistakenly slipped a few items into your bag on Thursday, there is no concurrence. The prosecution must show that the criminal act and intent happened together to win.
In criminal cases, "close enough" isn't enough. The prosecution must prove every element of the crime with absolute certainty—anything less, and you walk free. That’s why criminal trials have the highest standard of proof: beyond a reasonable doubt.
Understanding criminal law basics isn't just for lawyers—it’s essential for everyone. A simple mistake or misunderstanding can have long-term consequences, from fines and probation to a criminal record that impacts job opportunities, housing, and even fundamental rights. Knowing your legal rights and how the justice system operates can help you make informed decisions if you ever face criminal charges.
However, legal knowledge isn’t enough when your freedom is on the line. The criminal justice system is complex, and even minor cases can spiral into major consequences without the right defense. This is why hiring an experienced criminal defense attorney is crucial. A skilled lawyer can challenge the prosecution’s case, protect your rights, and guide you through the legal process. This will result in the most favorable outcome.