Criminal charges are formal accusations by the government that you violated a specific law, and once filed they put the full burden on the prosecution to prove every element of the offense beyond a reasonable doubt.1Legal Information Institute. Burden of Proof That burden never shifts to you. Charges run from minor infractions resolved by a fine to felonies that can mean decades in prison, and the category a charge falls into controls almost everything that follows: where you’d serve any sentence, which rights you keep, and what the conviction will cost you long after the case ends.
How Charges Are Graded
The line between a felony and a misdemeanor is set by the maximum possible sentence, not the one actually imposed. If the law authorizes more than one year of imprisonment, the offense is a felony. Federal law divides felonies into five classes by that maximum:2Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses
- Class A: life imprisonment or death
- Class B: twenty-five years or more
- Class C: ten years up to twenty-five years
- Class D: five years up to ten years
- Class E: more than one year up to five years
Misdemeanors sit under the one-year ceiling. A Class A misdemeanor allows up to one year of incarceration, a Class B up to six months, and a Class C up to thirty days.2Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses States use their own grading systems, but most follow the same logic.
Infractions sit at the bottom. Imprisonment is either capped at five days or unavailable, and most jurisdictions treat them as non-criminal matters that don’t create a permanent record. Traffic tickets and minor local ordinance violations are typical examples, usually resolved by paying a fine. Ignoring one still matters: an unpaid ticket can escalate into a bench warrant or a license suspension.
Grading also decides where any sentence is served. Felony time generally means state or federal prison; misdemeanor time means a local or county jail.
What the Prosecution Has to Prove
Most criminal charges have two foundational pieces: a prohibited act and a guilty mental state at the time of the act.
A Voluntary Act
You can’t be convicted for thoughts, plans, or physical status alone. There must be a voluntary act, or a failure to act when the law imposed a legal duty — a parent’s duty to care for a child, for example, or a driver’s duty to stop after a crash.
Mental State
Most state codes, following the Model Penal Code, recognize four levels of mental fault:
- Purposely: you set out to cause a specific result.
- Knowingly: you were aware the result was practically certain.
- Recklessly: you consciously disregarded a substantial risk.
- Negligently: you failed to notice a risk a reasonable person would have seen.
Which level applies depends on the statute. Murder typically requires purposeful or knowing conduct; manslaughter may require only recklessness. The required mental state shapes both the prosecution’s case and the available defenses.
Strict Liability Offenses
A narrow set of crimes requires no proof of mental state at all. For strict liability offenses, the prosecution only has to show you committed the act. Statutory rape is the best-known example: a defendant is liable regardless of a sincere belief that the other person was old enough to consent. Certain traffic violations, selling alcohol to minors, and some regulatory offenses work the same way.3Legal Information Institute. Strict Liability Outside offenses involving minors, strict liability crimes tend to carry lighter penalties than offenses that require proof of intent.
Your Constitutional Rights Once Charged
The Constitution builds in protections for anyone facing criminal prosecution. These aren’t formalities. A violation can get evidence thrown out or charges dismissed.
Fifth Amendment Protections
The Fifth Amendment requires that serious federal charges be brought by grand jury indictment, prohibits trying you twice for the same offense, and guarantees that you cannot be forced to testify against yourself.4Constitution Annotated. Fifth Amendment The right against self-incrimination is what triggers Miranda warnings. When police take you into custody and begin questioning, they must tell you that you have the right to remain silent, that anything you say can be used in court, and that you have the right to an attorney during questioning.5United States Courts. Facts and Case Summary – Miranda v Arizona Statements obtained from a custodial interrogation without those warnings are generally inadmissible at trial.
Sixth Amendment Protections
The Sixth Amendment governs how a criminal trial runs: the right to a speedy and public trial, an impartial jury, the right to confront and cross-examine witnesses, and the right to counsel.6Constitution Annotated. Sixth Amendment The right to a lawyer applies at every critical stage, from arraignment through appeal. If you can’t afford one, the court must appoint one at no cost. The Supreme Court established that rule in Gideon v. Wainwright, holding that counsel is fundamental to a fair trial in any criminal case where jail time is possible.
The Prosecution’s Duty to Share Evidence
Prosecutors cannot hide evidence that helps you. Under Brady v. Maryland, the government must disclose any evidence favorable to the defendant that is relevant to guilt or sentencing. That covers evidence pointing to innocence, evidence that undercuts a government witness’s credibility, and evidence that could reduce a sentence. Suppressing it violates due process whether or not the prosecutor acted in bad faith.
How a Criminal Case Moves Through Court
The sequence varies between state and federal systems, but the general path is consistent.
Investigation and Charging
Most cases start with a law enforcement investigation. If officers develop enough evidence, the file goes to a prosecutor, who decides whether to file charges. That choice sits entirely with the prosecutor. Police can arrest, but they can’t force a filing; prosecutors can also decline a case police want charged.
Federal felonies generally have to go through a grand jury, which reviews evidence and decides whether probable cause exists.4Constitution Annotated. Fifth Amendment If the grand jury agrees, it issues an indictment. Many states use a preliminary hearing instead, where a judge evaluates probable cause and the defense can participate.
Arraignment and Pretrial Release
At arraignment, the charges are read and you enter a plea.7United States Department of Justice. Initial Hearing / Arraignment The judge also decides whether to release you before trial. Federal law presumes release on the least restrictive conditions necessary, which may be a personal recognizance promise to return, travel restrictions, check-ins, electronic monitoring, or a financial bond.8Office of the Law Revision Counsel. 18 USC 3142 – Release or Detention of a Defendant Pending Trial A judge is not allowed to set a financial condition so high that it functions as automatic detention. The court weighs community ties, criminal history, the seriousness of the charges, and any danger to others. For the most serious offenses, the government can seek detention with no bail.
Plea Bargaining and Trial
Most criminal cases never reach trial. By recent estimates, about 97 percent of federal convictions come from guilty pleas, and state figures look similar. The negotiation between defense counsel and the prosecutor often matters more than anything that would have happened in a courtroom.
In a plea deal, you agree to plead guilty, often to a reduced charge or with a sentencing recommendation. The judge has to accept it, and you always have the right to reject an offer and go to trial. If the case does go to trial, the prosecution must prove every element beyond a reasonable doubt before a jury can convict.
Federal law puts clocks on this process. An indictment must come within thirty days of arrest, and trial must begin within seventy days of the indictment or the defendant’s first appearance, whichever is later.9Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions Those deadlines can be extended, often at the defense’s request, but they exist to keep cases from stalling.
Sentencing
After a guilty plea or trial conviction, the judge imposes a sentence. Federal judges consult the United States Sentencing Guidelines, which produce a recommended range based on the severity of the offense and the defendant’s criminal history. The guidelines are advisory, not mandatory, but they anchor most decisions.
When there are multiple convictions, sentences can run concurrently (at the same time) or consecutively (one after the other). Two five-year sentences running concurrently total five years; the same two running consecutively total ten. The judge usually has discretion, and that single choice can double or triple actual time served.
Federal Versus State Charges
Which system you’re in depends on which law was allegedly broken. States hold broad authority under the Tenth Amendment to regulate public safety and welfare, and most common crimes — assault, theft, drunk driving, most drug offenses, murder — are prosecuted at the state level.10Constitution Annotated. State Police Power and Tenth Amendment Jurisprudence Federal jurisdiction is narrower: offenses that cross state lines, crimes on federal property, fraud against federal programs, immigration violations, and other offenses defined in the U.S. Code. Federal cases are worked by agencies like the FBI, DEA, or IRS Criminal Investigation and prosecuted by U.S. Attorneys.
A single act can sometimes violate both state and federal law. When that happens, both governments can prosecute independently, and the prohibition against double jeopardy does not block it. The Supreme Court treats federal and state governments as separate sovereigns, each enforcing its own laws.11Legal Information Institute. Dual Sovereignty Doctrine Dual prosecution is uncommon in practice because prosecutors coordinate, but the authority exists and gets used in high-profile cases.
How Long the Government Has to Charge You
Statutes of limitations set deadlines for bringing charges. Once the clock runs, prosecution is barred even if the evidence is overwhelming.
Under federal law, the default for non-capital offenses is five years from the date of the crime.12Office of the Law Revision Counsel. 18 USC 3282 – Offenses Not Capital Specific statutes override that for certain categories. Tax crimes generally carry a six-year window. Offenses punishable by death have no limitation period at all and can be charged at any time.13Office of the Law Revision Counsel. 18 USC 3281 – Capital Offenses
State periods vary widely. Most states impose no limit on murder. Other felonies usually fall in a three-to-ten-year range, and misdemeanors often sit at one to three years. Nearly every jurisdiction allows the clock to pause, or toll, in defined circumstances, such as when the accused flees or the crime isn’t discovered until later. If you want to know whether a particular charge is still possible, the specific statute of limitations for that offense in that jurisdiction is the first thing to check.
What a Conviction Costs Beyond the Sentence
The sentence written in the judgment is only part of what a conviction costs. Collateral consequences take hold after conviction and often outlast any prison term.
Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.14Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The trigger is the maximum authorized sentence, not what you actually got. Violating the ban is itself a separate federal felony.
Voting rights depend on the state. Some states let people with felony convictions vote even while incarcerated. Others impose permanent disenfranchisement unless the governor or a board restores the right. Roughly half of all states restrict voting after a felony conviction to some degree.
Professional licensing is another barrier. Many state boards for healthcare, education, law, real estate, and finance can deny or revoke a license based on a felony conviction, and some will do so for any conviction regardless of its connection to the work. A number of states have adopted fair-chance licensing reforms, though coverage is uneven. Employment, housing, and immigration consequences add more layers. A non-citizen convicted of certain offenses can face deportation, and even some misdemeanors affect immigration status.
Clearing a Criminal Record
Expungement and record sealing can limit the visibility of a conviction, but availability depends on the jurisdiction and the offense. There is no general federal authority to expunge or seal a federal conviction. Federal expungement is available only in narrow circumstances, such as for trafficking survivors and certain first-time drug possession offenses committed before age 21.
State options are broader but far from universal. Most states offer some form of expungement or sealing for misdemeanors and felonies, though violent offenses and sex crimes are almost always excluded. Eligibility typically requires a waiting period after sentence completion, payment of all court-ordered financial obligations, and no new criminal activity during the wait. The process usually means filing a petition in the court where the conviction occurred, with filing fees that vary by jurisdiction. Expungement doesn’t erase the conviction from every record, but it generally removes it from public background checks, which is often what matters for employment and housing.
In most states the process isn’t automatic. You have to apply, and a judge has to approve. Some states have started automatic expungement for eligible offenses after a set period, but those programs are still expanding. If a criminal record is affecting your life, looking up your state’s specific expungement rules is a concrete first step.