“Criminal law” refers to the prosecution by a government entity (federal, state, local) against a person who has committed an act that has been classified as a crime. A “crime” is defined as an act or omission (of an act) that violates a public law that has been established and which forbids or commands that specified act. If found guilty of a criminal offense, a defendant may be fined and/or incarcerated for committing that act.
At Winstein, Kavensky & Cunningham, we have represented clients who have been prosecuted for a variety of misdemeanors.
What Crimes Constitute Misdemeanor Charges?
Misdemeanors are considered to be less serious criminal offenses, didn’t cause harm to another person, and are usually punishable by less than a year of imprisonment. Misdemeanors can also be accompanied by hefty fines.
Common examples of misdemeanors that our criminal law lawyers represent include:
- Traffic tickets
- Possession of controlled substances or drugs
- Petty theft
- Indecent exposure
- Basic assault
- Resisting arrest
- Public intoxication
- DUI (Driving under the Influence)
When a person is charged with a misdemeanor, prosecutors have to prove every element that contributes to the crime being committed in order to yield a conviction. In addition, they have to persuade the judge or a jury of peers that every fact necessary to constitute the crime being charged has occurred and is evident “beyond a reasonable doubt”.
We often receive calls from prospective clients who are “under investigation” by the police. This is usually initiated by a detective calling our client and asking them to come into the station to discuss a certain situation. This is usually a dangerous proposition.
Our forefathers built a guarantee into the Constitution which is the right to remain silent. Refusing to talk to the police is not a crime. If it comes to a criminal prosecution, silence cannot be used against you.
You have a 5th Amendment right to remain silent and should always use it. Only in rare situations does talking to the police mitigate the situation. It is best to have a criminal law attorney experienced in these matters advise you and intervene on your behalf.
Quad Cities Misdemeanor Criminal Law Defense Attorneys Can Help You Clear Your Name
Charged with a misdemeanor? Don’t settle for working with a public defender who won’t be able to dedicate the time necessary to beat your charges. Schedule a free consultation with an experienced Quad Cities misdemeanor lawyer at Winstein, Kavensky & Cunningham today to take your defense into your own hands.
Contact us at 309-794-1515, complete the online form, or use LiveChat to set up your case review. Our team is here to listen and offer nonjudgmental fierce representation to uphold your personal rights.