Criminal Law (also known as Penal Law) is the body of law that punishes criminals for committing offenses against the state. There are four theories of criminal justice: punishment, deterrence, incapacitation, and rehabilitation. It is believed that by imposing sanctions for the crime, society can achieve justice and a peacable social order. This differs from civil law in that civil actions are disputes between two parties that are usually not of significant public concern.

The process begins, obviously, with an alleged crime. A complainant makes an accusation, which is investigated by the police, acting as agents of the government. The police file a document, in most jurisdictions known as a complaint, with a court in the appropriate jurisdiction. The interests of the state are represented by a prosecuting attorney, while the interests of the defendant are represented by his or her attorney. While the specific process varies according to the local law, in virtually every jurisdiction the process culminates with a trial, followed by appeals to higher courts.

Criminal statutes spell out the exact circumstances which constitute a crime. These circumstances are known as the elements of the offense. Unless all the elements are proven by the proscuting authority, the defendant is not guilty of the offense. There are three kinds of elements: the act itself, the actus reus, guilty act; the requisite mental state, the mens rea, guilty mind; and the attendant circumstances. As an example, the common law definition of burglary was as follows: unlawful entry into a dwelling house at night with the intent to commit a felony therein. It is the duty of the prosecution, therefore, to prove not merely the act (the entry), and the mental state (the intent to commit a crime), but all the attendant circumstances (that it was a dwelling house, and that it was at night).

In defense, the accused could argue that he had no intent to commit a crime inside the house, that it occurred during the day, or that his entry was lawful. They could also, of course, argue that the incident never happened, or that someone else committed the offense.

Criminal law in most jurisdictions both in the common and civil law traditions is divided into two fields:

Criminal law distinguishes crimes from civil wrongs such as tort or breach of contract. Criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms at large whereas civil law is aimed primarily at the relationship between private individuals and their rights and obligations under the law. Although many ancient legal systems did not clearly define a distinction between criminal and civil law, in England there was little difference until the codification of criminal law occurred in the late nineteenth century. In most U.S. law schools, the basic course in criminal law is based upon the English common criminal law of 1750 (with some minor American modifications like the clarification of mens rea in the Model Penal Code).

Experienced criminal defense attorneys are a must when you are faced with a felony or misdemeanor crime, including those crimes listed in this website. Your legal rights, liberty and your life could depend on hiring the best to provide quality representation for you, particularly one that specializes in defense strategies for the crime with which you are specifically charged.

If you are facing a serious criminal charge, selecting an experienced defense attorney is the most important decision of your life. We at The Law Offices of Michael G. LoRusso practice criminal law .

The attorneys of The Law Offices of Michael G. LoRusso are ready and available to help you through your arraignment. In some jurisdictions, the bail and other pretrial release conditions are decided at the arraignment. In others, they may simply be rescheduled to when you appear for the arraignment. Whether or not your bail or pretrial release conditions already been decided, judges suggest having a arraignment attorney present as the charges are formally presented to you. Criminal defense attorneys are necessary to help clients understand the legal implications of the charges. The earlier you hire an attorney, you can start formulating your defense.