Deciphering legal terminology can feel complicated in any language. Added to this is a thick layer of difficulty if the terminology you are trying to understand is not in one's primary language. Seeking to understand basic legal concepts is critical to protecting your rights and being in compliance with your civil obligations. However, if you are the subject of a criminal investigation, it is imperative that you consult with an attorney as soon as possible. By familiarizing yourself with certain legal terms, you can train yourself to ask the right questions and have a productive conversation with your attorney.
Below we break down some legal terms of criminal law that are worth knowing.
- Acquit
This refers to releasing a person from an obligation or accusation. In criminal law it refers to the conclusion of a formal trial that renders the decision of ‘not guilty' as to the accused party - Action
Refers to an action or act. In law, action often means initiating legal proceedings or taking legal action. - Address
a) Address ‘State your address.’ 🔊
Refers to an address or location
b) Address ‘Address the court with respect.’ 🔊
It refers to the act of treating a person or addressing a person to speak. - Adjudicate
Means to render a formal judgment or decision regarding a disputed problem or matter. - Advocate
a) Advocate, noun Refers to a person who actively supports and promotes the interests or cause of another person, group, or entity.
b) Advocate, verb
It refers to the act of furthering the interests of another person, group, or entity. - Aggravated
Used to describe situations where there were aggravating factors in reference to the crime in question. - Appearance
Refers to appearing in court in response to a summons or court order. It also includes complying with legal processes such as providing documents or written answers requested by the court. - Assault
a) Physical Assault
Involves intentionally causing bodily harm to another person, making threats of imminent harm, or making offensive physical contact
b) Sexual Assault - Attorney
In Texas, an attorney must be registered with the State Bar of Texas. They are also known as lawyers. Public defenders employed by the government who are assigned in criminal cases are called public defenders . - Bail
The money that a defendant or defendant pays to the court as a guarantee that they will appear in court at a future date. If a person does not comply with their agreement to appear in the future, the court can keep the money that was given in bond. - Battery
Is harmful or offensive physical contact inflicted intentionally on another person without consent.
Battery cases can be pursued as a civil case and a criminal case. - Bond
Is an agreement to pay the court if a defendant in a criminal case fails to comply with the conditional release from custody by law enforcement agencies. - Booking
Refers to the act of entering information about a criminal suspect at a police station or jail after his or her arrest. Filing processes may vary by jurisdiction. - Bound
When an individual is said to be ‘bound by the law,' it means that he is limited to the parameters of the law. It can also refer to being bound by the parameters outlined in a current contract. - Breaking and Entering
Refers to the act of forcefully entering a building without authorization. - Burglary
Refers to the act of unlawfully entering a building, room, or vehicle with the intent to steal, rob, or commit some other felony. - Challenge
Refers to challenging or expressing doubt about the legality or veracity of an action or thing, or about a person's qualifications for a particular function or task. See recusal. - Charge
a) Allegation of Offense
Refers to an allegation of an individual offense. In a criminal case, a person can be charged with one or multiple counts.
b) Obligation
Refers to instructions issued by a judge regarding the law and its application.
c) Fee
Refers to a charge for services, products, or a debt. - Complaint
Refers to the document that is submitted to the court to initiate a case against another person or entity. Although in Spanish it is called demanda, it should not be confused with the meaning of demand in English since demand has other implications. - Deadline
It is the date on which the period given to complete an action or file a document expires. This may refer to the time you have to file a claim, known as a statute of limitations, or the deadlines the court dictates to comply with the court schedule set in the case during the Pretrial order. - Demand
a) Demand (verb)
Refers to the action of requesting by force or under the authority of law.
b) Demand letter
A document that describes a dispute between two parties and demands that the party receiving the demand letter issue a payment, take some action, or cease any action. Lawsuits are usually written by an attorney on behalf of their client with the intent to initiate the process of resolving a conflict or dispute. - Discovery
Refersto the process of collecting evidence used by the parties involved in a dispute. It may include requests submitted to the court in the form of interrogatories (a series of written questions that must be submitted completed), requests for documents such as records, photos, and identifying information confirming the identity of the parties, and other data relevant to the case. The discovery process may also include requesting affidavits that could be written, recorded, or live, as ordered by the court in your case. - Docket
a) Docket
This refers to the list of all proceedings, documents submitted to court, and deadlines in a case.
b) Court Docket
It refers to the list of hearings and deadlines for compliance that will soon expire in cases that the court is actively hearing. It is intended to help the court keep accounts of multiple cases. Usually the docket includes the case number, the history of the case outlining all the actions and events that occurred in the legal process of the case, the date of the decisions, orders issued and documents filed in the case, the name of the court where the case is being heard, the issues presented in the case and the names of the parties involved. - Driving While Intoxicated (DWI)
refers to driving under the influence of alcohol. Although the threshold for determining drunkenness is 0.08 percent blood alcohol, one could be under criminal investigation if your alcohol level is lower but low enough to compromise your faculties so as to prevent you from driving safely. - Expungement
Refers to the judicial process of expungement of criminal records. - Felony
The Texas Penal Code classifies felonies into five categories listed below from most serious to lowest. It should be noted that the consequences can vary for repeat offenders.
a) Capital Felony
b) Felony of the First Degree
c) Felony of the Second Degree
d) Felony of the Third Degree
e) State Jail Felony - Garnish
Refers to the legal process that allows a party to seize or seize property from a debtor. - Guilty
Refersto being found responsible for the offense, crime, or offense either by admission, a judge, or jury. - Habeas Corpus
Habeas Corpus means ‘you have the body' in Latin and refers to a legal postulate that can be used by the federal court to determine whether the detention of an individual by the state is legitimate. - Hearing
This refers to any formal appearance in front of the court. There are different types of legal hearings depending on the nature of the case and the circumstances of the court. - Impound
Refers to the legal process by which the court or police seize or confiscate private property. It can occur in civil and criminal practice. - Indictment
A legal action that presents charges against a person. - Injury
In the legal context, an injury is an injury suffered due to the actions or omissions of another person or entity. Injuries can lay the groundwork for forming a civil or criminal legal case, depending on the circumstances and facts of the case. - Jail
Place of confinement for people sentenced in low-level criminal cases and those accused of criminal offenses that are awaiting trial. - Judgment
Refers to the final decision issued by the court or tribunal. - Juvenile Law
In criminal law, a juvenile is a person who is an adolescent who is not old enough to take responsibility for a crime they are accused of. - Lien
Refers to a lien recorded in a written agreement where the party or parties mentioned are left with the right to collect the value of a debt accrued by the other party in the event that the debtor party. In the case of real property, the crediting party retains power and title over the property until the debt or mortgage is settled. In the case of medical debts in some states, the accrediting agency or health insurers have the right to request reimbursement for their services in the event that they acquire any reimbursement or economic recovery of the money through litigation or other means. - Life Sentence
A life-sentence requires the defendant to serve 15 to 25 years in prison until the eligibility of parole. - Litigation/Litigant
Refers to the legal process that begins after a case is formally submitted to court. The people involved in the case are the litigating parties. - Manslaughter
This refers to the act of killing another person without malice.
a) Voluntary Manslaughter
Refers to the act of killing a person in a fit of passion after sufficient provocation.
b) Involuntary Manslaughter
Refers to the act of killing a person unintentionally as a result of negligent actions. - Matter
In the legal context, it refers to the facts of a matter and the merits of a case. It is also used to refer to a legal matter in general. - Miranda Rights
Refers to the legal requirement that a law enforcement officer is obligated to dictate your rights at the time of arrest. They must inform you of your right to a lawyer, to non-self-incrimination. In the same way, they must inform you that everything you say from that moment on can be used against you. - Misdemeanor
Refers to an offense that involves a fine of not more than $4,000 and jail time not more than one year. The Texas Penal Code classifies misdemeanors into three categories outlined below. It should be noted that the consequences may be different for repeat offenders.
a) Class A Misdemeanor
Involves consequences that could include a fine not to exceed $4,000, confinement in state jail for a term not to exceed one year, or a fine and confinement, as described above.
b) Class B Misdemeanor
Involves consequences that could include a fine not to exceed $2,000, confinement in state jail for a term not to exceed 180 days, or a fine and confinement, as described above.
c) Class C Misdemeanor
It carries consequences that could include a fine of no more than $500 USD. - Murder
Murder is not the same as homicide. A murder is committed when a person unlawfully kills another person. In contrast, not all homicides are unlawful. - Notary
A notary, according to U.S. law refers to a person authorized to take oaths, certify documents and verify signatures, among other functions delimited by local and state regulations. It is not the same as a notario as it is known in most Spanish-speaking jurisdictions. - Notice
A constitutional requirement that requires a party in a lawsuit be informed when a suit is brought against them or, whose rights could be affected by a legal proceeding. For example, it is illegitimate to file a lawsuit and not have the defendant served within the time frame outlined by law. - Oath
- Parole
Refers to probation from prison before completing the sentence. People released on parole are called parolee in English. To serve a period of probation satisfactorily, the person must periodically meet with his or her parole officer supervisor on the dates and times designated by the officer. In addition, you will need to adhere to court-imposed rules that could include curfew, travel limitations, among others. - Party
Refers to one of the parties involved in a dispute or legal case. Many cases have two main parties: the plaintiff or affected party and the defendant or the party that allegedly caused the damage. A case can have more than two parts. Each party calls the other party, which is contrary to them, the adverse party. - Petition
Petition is a type of lawsuit that is filed with the court, mostly in administrative proceedings, and requests that the court take some specific action as a remedy for the cause presented. The person or entity that files the petition is known as a petitioner and the respondent is the agency that must respond to the petition. A petition contrasts with a complaint, the type of legal document that is filed directly against a person, group, or entity. - Plaintiff
This refers to the party that files the lawsuit. - Pleading
Refers to one of the initial actions taken by the parties to a case. The affected party presents their cause and a plea to the court to hear the case in order to obtain compensation for damages. On the other hand, the defendant makes his statements where he accepts or rejects the allegations against him. - Prison
- Prosecutor
An attorney employed by the state or federal court who begins with the prosecution of a case in order to bring criminal charges. The official title of prosecutors representing the state court is district attorney. - Public Defender
Refers to a government-employed attorney who is assigned to the defendant in criminal cases to ensure compliance with the right to legal representation protected by the U.S. Constitution in the Sixth Amendment. - Reasonable Suspicion
It is a standard used in criminal procedure to evaluate if a police officer’s decision to detain or conduct a limited search on an individual met the requirements of the Fourth Amendment. To be justified, reasonable suspicion requires that certain criteria be met to show why the officer believed criminal activity was occurring. The officer's degree of certainty must be more than a hunch but can be less than probable cause. - Recuse
When a judge, juror or judicial official withdraws from a case because their involvement in a case is biased or could be perceived as biased. - Remain Silent
A right when being detained or arrested, which is held to protect the detainee from self-incrimination. - Request
Refers to the judicial process by which one of the parties involved in a dispute asks the court or the adverse party to act, observe a right, or answer a question. - Robbery
It refers to the act of committing theft using violence or a threat of violence. - Schedule
a) Itinerary
In the legal context, it can refer to the schedule determined by the court to process the litigation, including the designated dates for the service of documents, the fulfillment of court requirements, and court hearings.
b) Inventory
On the other hand, a schedule can also refer to a document that contains a list, inventory, or detailed explanation of a matter. This type of schedule is commonly included as an attachment to another document. For example, a contract could have an annex of the goods to which the contract applies. - Self-incrimination
Refers to the act in which a person reveals information that could suggest that he or she is involved in a crime or that could expose him or her to an accusation. - Sentence
Refers to the final order issued by a judge in a criminal case where he determines the consequences that the defendant who has been found guilty will face. - Shoplifting
A form of theft that occurs in a store. Under Texas Penal Code § 31.03, theft occurs when a person unlawfully takes someone else's property with the intent to permanently deprive the owner of that property. - Statute
Refers to a law or ordinance issued by some government agency.
a) Statute of Limitations
Refers to the time frame conferred by law to initiate a legal action such as filing a lawsuit or claim. Deadlines vary depending on where the events occurred and the type of case. When the time limit outlined by law expires, you may be left without legal protection to file a lawsuit. It should be noted that some types of cases and specific circumstances may be treated as exceptions. - Subpoena
Refers to a type of order issued by the court that compels an individual to appear in court in reference to the matter at hand. The appearance may involve giving eyewitness testimony about a matter related to the case or providing documents and other tangible objects. Some common examples include the obligation to provide recordings, photos, copies of text messages, emails. - Summons
Refers to a summons that requires you to appear in court at the date and time described in the order. It is usually a document that the plaintiff completes and submits to the court to be reviewed, validated, and issued to the defendant requesting their appearance. - Theft
Refers to the act of taking possession of another individual's personal property with the intent to deprive the person of the use of their property. Contrast with burglary. - Trial
Refers to a formal legal proceeding by which claims are filed and evidence and testimony are reviewed in order to evaluate the validity of the claim and find a resolution, in accordance with applicable laws. - Waive
Refers to the act of voluntarily waiving or relieving your rights in reference to your right, privilege, or claim. A common example is a release of liability where the signatory waives his or her rights to impute liability for damages to the other party described in the document. - Warrant
Refers to a court order that binds one or more parties.
a) Arrest Warrant
This type of warrant gives law enforcement officers permission to arrest the person named in the warrant.
b) Bench Warrant
This type of warrant gives law enforcement officers permission to arrest a person for failing to appear in court as ordered.
c) Search Warrant
This warrant is used to give law enforcement officers permission to search property and seize objects relevant to the case under investigation. - Witness
Refers to people who can serve as primary sources by offering their version of the facts related to the matter in question observed first-hand.
a) Character Witness
Refers to a person who testifies about the character, conduct, and reputation of the person in question. The testimony must remain within the parameters established by law only offering information relevant to the case. - Writ
Refers to an order or mandate issued by some legal authority with administrative or judicial powers, usually a court.
Productive conversations about the criminal process and your future
The definitions of criminal law legal terms in this article are based on Texas law at the time of publication. For a better understanding of the technical concepts that may apply to you in a legal case, it is best to consult with a legal professional. An experienced criminal law attorney stays up to date on legislative changes that could affect you. Speaking with an attorney early can help you make informed decisions and seek a better outcome.
