What Does It Actually Mean to Be Charged with a Crime?
By Trinity Barnette
When news breaks that someone has been “charged with a crime,” it often sparks immediate reactions—shock, judgment, and a flurry of online discourse. But what does it legally mean to be charged? Let’s break it down.
Arrest vs. Charge: Understanding the Difference
An arrest occurs when law enforcement takes someone into custody based on probable cause that they have committed a crime. It’s an initial step, not a formal accusation.
Being charged, however, means that a prosecutor has formally accused someone of a crime, initiating legal proceedings. This can happen through:
Complaint: A formal statement initiating a criminal case.
Information: A formal accusation made by a prosecutor.
Indictment: A formal charge issued by a grand jury, typically for serious felonies.
Who Decides to File Charges?
After an arrest, the case is reviewed by a prosecutor who determines whether there’s sufficient evidence to file charges. If so, they will proceed with the appropriate charging document, depending on the jurisdiction and severity of the alleged offense.
Types of Criminal Charges
Criminal charges are generally categorized as:
Misdemeanors: Less serious offenses, such as petty theft or simple assault, usually punishable by fines or short-term incarceration.
Felonies: More serious crimes, like robbery or homicide, carrying heavier penalties, including long-term imprisonment.
What Happens After Being Charged?
Once charged, the defendant enters the criminal justice process, which may include:
Arraignment: The defendant appears in court to hear the charges and enter a plea.
Pre-Trial Proceedings: Includes motions, discovery, and plea negotiations.
Trial: If no plea deal is reached, the case proceeds to trial.
Sentencing: If convicted, the court imposes a penalty.
Key Takeaways
Being charged is a formal accusation, not a conviction.
The legal process ensures the accused has the right to defend themselves.
It’s crucial to understand one’s rights and seek legal counsel when charged.
Understanding these distinctions helps demystify the criminal justice process and underscores the importance of due process.
Stay tuned for the next installment in our legal series: “What Does It Actually Mean to Plead Guilty, Not Guilty, or No Contest?”
