Criminal Defense Terms and Definitions

Felony A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree Abstract of record A short, abbreviated form of the case as found in the record. Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. Dismissal without prejudice A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again. Dismissal with prejudice bars the right to subsequently bring an action on the same cause. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. 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. Bench warrant An order issued by the court for the arrest of a person 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. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove.

Contact us now to obtain a free case review or more information on our Yonkers Criminal Defense Lawyers.

	Did You Know?
	Res Ipsa Loquitur - Literally, "a thing that speaks for itself." In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence.