When a person is arrested and charged with an offense, that doesn't necessarily mean they are guilty. In order to be convicted of an offence the person must go to court and be found guilty by a judge or jury of their peers. The difference between being charged vs. convicted is significant and can have serious consequences on the person's life, influencing everything from public perception to legal outcomes.
An arrest can occur when police have probable cause that a crime has been committed. The person is then taken into custody and held until the charges are resolved. When an individual is arrested it can have a negative effect on their employment and can lead to a long jail sentence if they are convicted of a felony. It is crucial to differentiate between being charged vs. convicted, as only the latter definitively establishes someone's legal culpability.
After a person has been arrested they can be brought to the local criminal court in the city or county where the incident took place. The police will usually present the information to the District Attorney's office which will decide whether or not to file a criminal charge against the suspect. If the DA decides not to file charges the suspect may be released from custody or given a Desk Appearance Ticket (D.A.T) to appear in court at a later date. This stage is pivotal as the charged individual has yet to be convicted and retains certain legal rights and presumptions of innocence. Grasping the distinction between being charged vs. convicted aids in fully understanding all aspects of the legal process and the consequences at each phase.
If the DA decides to file charges against the suspect, the case will be indicted by a grand jury. A grand jury is comprised of members of the community who review evidence presented by prosecutors. The accused person does not have the right to be present during this process. If the grand jury finds sufficient evidence to support a criminal charge, they will issue an indictment against the accused person. This is similar to an arrest warrant, however, it doesn't require law enforcement to look for the accused person and they can continue to live their lives. At this phase, the focus on charged vs. convicted becomes especially relevant as the person remains free from conviction but under the cloud of serious accusations.
Once an indictment has been issued, the alleged offender will be subject to pre-trial hearings and may be required to wear a monitoring device. If the alleged offender is convicted of a felony offense, they will be subject to a lengthy prison sentence and possible fines. A conviction for a misdemeanor offense, on the other hand, can result in up to one year in jail and various other penalties such as community service and probation. Being convicted marks a significant shift from merely being charged, as it transitions the individual from accused to formally recognized as guilty under the law.
The sentence that a person receives depends on a variety of factors including the severity and type of crime they have been convicted of, their prior criminal history, and any aggravating or mitigating circumstances. A person can also appeal their conviction or sentence. Understanding the difference between charged vs. convicted helps in comprehending the full spectrum of legal proceedings and the implications of each stage.
Arraignment is the first time that a judge reads the criminal charge(s) against an individual in court. At that point, the individual enters a plea of guilty or not guilty, and if they are unable to post bail a judge will remand them to jail. The arraignment will also cover other preliminary issues such as if the defendant has to surrender their passport or whether they are required to appear at an immigration hearing. Aside from the charge(s) a defendant can also face a host of other punishment and sanctions for misdemeanors including probation, community service, fines, driver’s license suspension, etc. The judge will have a great deal of discretion in deciding what is a fair sentence for the defendant, and is not bound by any agreement between the prosecutor and the defense lawyer. It's crucial to understand the difference between being charged vs. convicted as it affects the legal strategies used.
The criminal prosecution of a defendant is a lengthy process that includes many steps. After an arrest a suspect is “booked” which involves fingerprinting and being photographed, usually referred to as a mug shot. This data is then sent to the Division of Criminal Justice Services’ computerized system where a report called a “rap sheet” is created. The rap sheet will show all of the crimes that an individual has been charged with and any prior convictions. Understanding the distinction between being charged vs. convicted is key in assessing the implications of a rap sheet.
Typically a felony charge will be arraigned in local court. The arraignment will begin with a brief reading of the charges and an entry of an initial plea. Then the prosecutor will present the judge with a statement of charges which the prosecutor prepares based on evidence gathered by police and an assessment of the person’s criminal history. This early phase emphasizes the importance of recognizing the implications of being charged vs. convicted.
An indictment is when a grand jury formally decides that there is sufficient evidence to accuse an individual of a felony crime and begins the formal legal process. This is when it becomes especially vital to understand the nuances between being charged vs. convicted, and to retain a criminal arraignment lawyer to protect an individual’s rights.
During the trial the prosecutor will call witnesses and introduce evidence. Your criminal arraignment attorney can cross-examine these witnesses and attack their testimony as well as the evidence that is introduced. The People must then offer rebuttal evidence to your counter-arguments. Then the judge will deliver a jury charge that sets out how law applies to the evidence and testimony presented. The judge will be provided with model jury instructions which are written by the NYS Unified Court System for all NYS penal law cases and set out definitions of terms like what constitutes reasonable doubt. This ensures that judges throughout the state are delivering consistent and uniform legal instructions to a jury of their peers. In this final phase of the trial, the difference between being charged vs. convicted will significantly influence the judge’s instructions and the jury’s understanding.
Having been charged with a criminal offense in New York is an intimidating experience. Even a minor conviction can have serious consequences on your future, so understanding the difference between being charged vs. convicted is essential. Criminal penalties include a record of conviction, fines, jail or prison time, and probation. In addition to these direct penalties, there are also collateral consequences that can impact issues such as employment and housing.
Penalties are determined based on the severity of the crime. In New York, crimes are classified as violations, misdemeanors, and felonies. A violation is the lowest level of offense, carrying a maximum sentence of 15 days in jail. Misdemeanors are divided into classes A, B, and unclassified, each carrying a different penalty range. A class A misdemeanor is the most serious, with punishments ranging from fines and community service to 90 days in jail. Class B and unclassified misdemeanors have specific laws defining their penalties. It's crucial to understand the difference between being charged vs. convicted, as the legal outcomes and subsequent penalties can vary greatly.
If the police find sufficient evidence to charge a suspect with a crime, that person is referred to the District Attorney’s Office. The District Attorney’s office reviews the case and decides whether or not to file charges. Once a suspect is formally charged with an offense, the distinction between being charged vs. convicted becomes particularly relevant as the judicial process begins to unfold. The District Attorney will present the charges to a judge at a court appearance called an arraignment.
At this point, the suspect has the opportunity to enter a plea to the charges. If the defendant pleads guilty, the judge may sentence them immediately or set a date for sentencing at a later date. If the defendant pleads not guilty, they will have the chance to take their case to trial. Depending on the severity of the charge, this could be either a jury or bench trial. Having an experienced and knowledgeable criminal defense attorney is essential for navigating the complex landscape that distinguishes between being charged vs. convicted.
Convictions of certain felonies in New York are considered violent or non-violent based on the law and not what happened in the individual case. For example, robbery in the second degree is a violent felony while robbery in the third degree is a non-violent felony. Other felony classes are also defined as violent or non-violent based on specific laws, such as the New York State Penal Code. This legal framework emphasizes the need to understand the charged vs. convicted distinction in the context of potential sentences.
A felony conviction in New York carries significant penalties, including possible prison time and the loss of important rights, such as the right to vote and the ability to live in government-funded housing or collect public assistance.
If you have been charged with a crime in New York, contact our legal team today for effective representation. Our criminal defense team can ensure that the facts of your case are fully investigated and that all your legal rights are protected. Our goal is to minimize the effect of the charge on your future and protect you from a potential life-altering sentence.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060