Criminal Defense Terms and Definitions

Levy A seizure; the obtaining of money by legal process through seizure and sale of property. Assault A willful attempt to illegally inflict injury on or threaten a person. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. 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. 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. 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) Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. Admissible evidence Evidence which can legally and properly be used in court. 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. Abstract of record A short, abbreviated form of the case as found in the record.

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	Did You Know?
	Miranda rule and Miranda rights are important The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. The rights include: a. The right to remain silent and to refuse to answer any questions; b. The right to know that anything the suspect says can and will be used against the suspect in a court of law; c. The right to consult with an attorney and to have an attorney present during questioning; d. The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford counsel.