Understanding the Difference Between a Charge and a Conviction

If you have been arrested for a crime, you might be facing criminal charges, but that doesn’t mean you’ll be convicted. The difference between a charge and a conviction is pivotal, and The Criminal Defense Team of Baldwin Perry & Wiley PC can work tirelessly so a charge doesn’t become a conviction. 

What Is a Criminal Charge?

When you are charged with a crime, that means that you are being accused of committing some act that is illegal under the criminal code. For example, you could be charged with assault, solicitation, or drug possession. The prosecution has made a formal allegation against you, and the judge has determined there is probable cause for those charges. 

Being charged with a crime does not mean you have been judged to be guilty. Under the American Constitution, you are presumed innocent until you are found guilty. If you are facing criminal charges, it is essential to hire an experienced Indianapolis criminal defense lawyer who can effectively defend your legal rights and work to prevent a conviction. 

What Is a Criminal Conviction?

A criminal conviction occurs after a trial in which a judge or jury finds you guilty or when you plead guilty. To be convicted of a crime, the prosecution must prove that you are guilty of each element of the crime beyond a reasonable doubt. This is the highest burden of proof in a case in the United States, requiring the fact finder to determine that there is no reasonable theory of innocence that can be derived from the evidence presented at trial. 

After you are found or plead guilty, the judge determines sentencing. Criminal penalties can include jail or prison time, fines, probation, community service, restitution payments, and other consequences.

The role of a criminal defense attorney is to prevent you from being convicted, when at all possible, or to negotiate for the best outcome if you plead guilty. Your lawyer may negotiate a favorable plea bargain on your behalf. Alternatively, you can try to fight the charges in court by having your lawyer argue that the prosecution cannot meet its heavy burden of proof.

Reasons for Pleading Guilty

Many criminal cases are resolved when a defendant pleads guilty to a crime, often when the defendant accepts a plea deal. There are benefits to taking this route, including:

• The possibility of a lighter sentence or dropped charges
• Being able to avoid the uncertainty and expenses of a trial
• Having a final resolution of a criminal case sooner 
• Avoiding the public nature of a trial

Your criminal defense lawyer can consult with you and advise you of what is best in your particular case. 

Contact Our Legal Team Today for Immediate Assistance 

If you have been charged with a crime in Indiana, The Criminal Defense Team wants to help. We can review the charges against you and devise a customized legal strategy designed to avoid a conviction. Call us today at (317) 678-9853 for a free consultation.