Criminal Defense Terms and Definitions

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) Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. 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. Assault A willful attempt to illegally inflict injury on or threaten a person. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Fourteenth Amendment Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process. Abstract of record A short, abbreviated form of the case as found in the record. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another.

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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.