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Commonly Confused Criminal Defense Legal Terminology, Explained

Oct 03, 2023

If you or a loved one is facing criminal charges, you may be overwhelmed by legal jargon. Legal systems can be complicated and, at times, convoluted. There are many terms that have similar meanings but have vastly different consequences in a courtroom. Luckily, criminal defense lawyers can help ensure that you understand the charges you're facing and what options you have. Here are a few commonly confused terms and what they mean.


Accessory vs Accomplice

An accessory to a crime is someone who helped the crime be committed. However, they are not typically present for the crime itself. This could mean that you helped plan it or cover up evidence. Keep in mind that accessories usually receive a reduced sentence compared to the person who actually committed the crime.


Being an accomplice is a more serious accusation. This means you're being accused of helping to carry out the crime itself. Whether you were simply present or took action in committing the crime, you will be considered an accomplice. For the most part, accomplices usually receive the same sentence as the primary defendant being accused. 


Assault vs Battery

Assault and battery are commonly confused because they are similar yet different crimes. Assault is when you have intentionally said or done something that would reasonably cause another person to fear harm. Even if you did not actually cause them harm, the person accusing you would have to prove that intentional harm could occur based on your words or actions. This could mean threatening someone with a weapon but not actually using it.


Battery, on the other hand, is the act of intentionally harming or offensively touching another person without their consent or involvement. The best way to remember the difference is to tell yourself that assault is about intent and battery is about action. If you've been accused of either or both of these crimes, contact your local criminal defense lawyers right away.


Burglary vs Robbery

Burglary and robbery are once again considered similar crimes but are distinct from one another in a court of law. Burglary involves unlawful entry into a property with the intent to commit a crime. Whether that crime is theft or vandalism doesn't matter; both are considered burglary. This makes it a property crime. In fact, burglaries make up about 16.1% of property crimes in the United States, according to Zippia.


Robbery, however, is considered a violent crime. Robbery is committed against a person rather than property and involves theft through the use of force or intimidation. Similar to assault, actual harm does not have to occur, only the threat of it does. Typically, robbery is considered a much more serious crime than burglary, depending on the circumstances.


Simple vs Aggravated

You may see the terms "simple" and "aggravated" paired with the crime you're being accused of, such as simple assault or aggravated arson. Aggravated crimes are much more serious and involve bodily injuries, or the threat of them, and a blatant disregard for the victim's well-being. Simple arson, for example, is intentionally setting fire to a property, while aggravated arson is when someone was in or near the building during the fire. Whether you're accused of a simple or aggravated crime, you'll want reliable criminal defense lawyers on your side.


Bench Warrant vs Arrest Warrant

Most people are familiar with arrest warrants, as this is what you generally see on TV shows. An arrest warrant is issued by a judge and allows local law enforcement to arrest someone on the basis that a crime has been committed and there is evidence that the suspect could be guilty. A bench warrant is also issued by a judge but for different reasons.


Rather than it being used to arrest someone potentially guilty of a crime, a bench warrant brings someone into custody because they violated court rules. It is meant to compel that person to appear in court, while an arrest warrant is for someone facing pending charges. For example, if someone out on bail fails to show up to their hearing, that would violate the court's rules, thus a bench warrant would be issued. 


These are just a few of the most commonly confused terms our criminal defense lawyers see. You can always rely on our lawyers to clear up any confusion that arises in your case. For more information, or to find legal assistance, contact Law Offices of Jason Pollack, Esq today.

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