Criminal Defense Terms and Definitions

Manslaughter A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter. 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. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. 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. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. 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) Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location.

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	Did You Know?
	There are 3 basic types with standard of proof There are essentially three standards of proof applicable in most court proceedings. In criminal and delinquency cases, the offense must be proven beyond a reasonable doubt, the highest standard. In civil cases and neglect and dependency proceedings, the lowest standard applies by a mere preponderance of the evidence (more likely than not). In some civil cases, and in juvenile proceedings such a permanent termination of parental rights, an intermediate standard applies: proof by clear and convincing evidence.