Criminal Law

The criminal law (also known as penal law) is a system of rules and standards determining the distribution of legal punishment when a criminal offense has been proven to have occurred. The penal law in virtually all states in the United States is legislative in origin. That means that conduct is not criminally punishable unless it has been proscribed by statute.

All 50 states and the federal government have distinct criminal statutes and no jurisdiction is bound by another's statute or judicial interpretation of its statute. However, there are five common theories (or purposes) for criminal laws in our society:

It is believed that the establishment of a common body of laws and the appropriate sanctions for violation of those laws helps to keep society safe and provide a peaceable social order.

Types of Criminal Law

Criminal law differs from civil law in that the legal proceeding is initiated by the government (local, state or federal) against an individual or individuals. However, the most important distinction is that a person may be at risk of losing their "liberty" (or freedom from incarceration) in a criminal proceeding in addition to receiving a fine and/or other sanctions such as probation.

Crimes can be broken into several categories:

• misdemeanors (punishable by up to 1 year in county jail)
• felonies (punishable by more than 1 year in county jail or state prison)
• capital offenses (punishable by death).

No matter what category of offense a person is charged with, it is important that their constitutional rights are protected.

Bill of Rights Protections

The federal constitution, as well as most state constitutions, have provided for certain individual protections against overreaching government interference into our private lives. The most common of these are:

Amendment IV

States that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated".

Amendment V

Provides that "no person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law".

Amendment VI

Stands for the premise that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed".

Our Expertise

The following are areas of Criminal Law that Allen & Arcadier practices:

If you need an experienced, focused, and qualified attorney, contact Attorney Dedra Sibley at the law office of Allen & Arcadier, P.A.

Our Melbourne office is centrally located, enabling us to serve clients throughout "the Space Coast", including Brevard County and Vero Beach.