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What Is Criminal Defense Law?

Law is stratified into several areas of expertise. Generally, there are 2 fields of law, civil and criminal. Under both fields are a wide array of specializations and sub-specializations. One such area is referred to as criminal defense law, which deals with building a case for a defendant, one that is accused of criminal offenses. This type of law is practiced by attorneys-at-law that defend clients who have been prosecuted by the government.

A prosecutor who represents the government brings charges against and instigates legal proceedings on behalf of an individual who has been found to commit a criminal offense. However, the same laws that have been violated also ensure that those who have committed offenses are subject to “due process of the law”. This involves criminal defense law wherein an individual may prove his or her innocence in a court of law. The Fourth Amendment of the US Constitution in the form of the Miranda rights asserts that individuals who are charged with criminal offenses have the right to solicit an attorney, one who generally practices criminal defense law.

Criminal defense law not only involves building a defense case to prove the innocence or lack of guilt of the defendant, but can also involve any subsequent appeals or plea bargains. As previously mentioned, criminal defense law can only mean 1 of 2 things. The first refers to the process of proving the defendant innocent beyond reasonable doubt. However, the second is usually the standard used and refers to proving any kind of doubt as to whether the defendant committed the offense.

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