Understanding the Difference Between a Charge and a Conviction
Have you been arrested and charged? If so, you may wonder if being charged with a crime is the same as being convicted. You are probably wondering this because you hear these two words being used a lot around you. It is crucial to note that being charged is different from being convicted. Sometimes, people confuse being charged with being convicted and assume the two are the same. Being charged means that you are formally accused of committing a crime. However, if you are facing criminal charges, by law, you are innocent until you are found guilty. Being convicted means that you have been proven guilty beyond a reasonable doubt. This is either done by the accused admitting guilt through a plea of guilty or by conviction at trial. Below, we discuss more on the difference between a charge and a conviction.
What Is a Charge?
When you are charged with a criminal offense, it means a formal allegation has been made against you by the State and a Judge found Probable Cause for those charges. An allegation is a claim that you have done something wrong. It is a claim that is yet to be proven. A charge does not indicate you are guilty. In fact, in the United States of America, the law requires that alleged offenders (people facing criminal charges) be considered innocent until proven guilty.
If you are facing criminal charges, it’s crucial that you hire an experienced criminal defense attorney as soon as possible to ensure the best possible outcome.
What Is a Conviction?
A conviction comes after a charge. It is when you are found guilty. A conviction can happen in one of two ways. First, you can be convicted at the end of your trial after the prosecution has proven that you are guilty, beyond a reasonable doubt, of all the elements of the crime. Beyond a reasonable doubt is the highest legal burden of proof in the United States and entails convincing the jury that there is no reasonable theory of innocence that can come from the presented evidence. After the prosecution and defense present their cases at trial, the jury deliberates over the evidence presented and renders a guilty verdict if there is no reasonable doubt in their mind.
Second, you can be convicted if you plead guilty. When you plead guilty, it negates the need for a trial because you are admitting your guilt. The prosecution does not have to prove its case after you plead guilty.
Regardless of how you are convicted, a sentence is given after a conviction. Types of criminal sentences include jail time, fines, probation, community service, and payment of restitution.
Why Do People Plead Guilty?
Usually, people plead guilty to receive a lighter sentence or have their charges reduced. Also, when a person pleads guilty, they avoid the uncertainty of a trial. However, it is not wise to plead guilty before consulting an attorney.
Contact an Indiana Criminal Defense Lawyer
If you are facing criminal charges in Indiana, contact our qualified and dedicated Indiana criminal defense lawyers at Rigney Law LLC to get help with your case.
