What’s the Difference Between Being Charged and Being Convicted?

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Navigating the criminal justice system can be overwhelming, especially for those unfamiliar with its intricacies. From the initial arrest to the final resolution of a case, the process involves several key stages, including investigation, formal charges, trial, and potentially, conviction and sentencing.

If you’re facing criminal charges, it is vital to understand the distinction between being charged with a crime and being convicted of one. This knowledge clarifies what these terms mean for your criminal record and helps you determine your next steps.

Being charged with a crime means that law enforcement believes there is enough evidence to accuse you of committing a criminal act. However, a charge does not imply guilt; instead, it marks the beginning of a legal process where your rights and liberties are at stake. On the other hand, a conviction occurs when the court has found you guilty, either through a plea or a trial. The difference between these two stages is significant, affecting everything from legal options to future opportunities.

Seeking legal representation is crucial if you have been charged with a crime. A criminal defense attorney can protect your rights from the moment charges are filed, guide you through the complexities of the legal process, and work toward a favorable resolution.

At Hester Law Group, we assist those facing charges in Tacoma. Call us at (253) 300-3034 or connect online to discuss your case.

What Does It Mean to Be Charged with a Crime?

A criminal charge is a formal accusation by a prosecutor alleging involvement in criminal conduct. Being charged with a crime does not mean you are guilty; it simply means sufficient evidence exists for the prosecutor to bring a case against you.

The process of filing charges begins with an investigation by law enforcement. During this phase, officers collect evidence, interview witnesses, and build a case to support the allegations. Once the investigation is complete, the prosecutor reviews the evidence and determines whether to file formal charges. If they decide to proceed, the accused will be notified of the charges and required to appear in court for an arraignment.

Criminal charges in Washington State can be categorized into misdemeanors and felonies, as outlined in RCW 9A.20.010. Misdemeanors are less serious offenses divided into simple misdemeanors and gross misdemeanors, with penalties that typically include fines or short-term jail sentences.

Felonies, on the other hand, are more severe and are classified into three categories: Class A, Class B, and Class C, with Class A being the most serious, carrying penalties that can include lengthy prison sentences or even life imprisonment.

After charges are filed, the legal process begins with an arraignment hearing, where the prosecutor presents a statement of facts supporting the charge. The court may ask the defendant to enter a plea.

Additionally, bail may be discussed during this hearing, determining whether the defendant can be released while awaiting trial.

Throughout this phase, the accused maintains the right to remain silent, the right to legal representation, and the presumption of innocence until proven guilty.

What Does It Mean to Be Convicted of a Crime?

A conviction occurs when an individual is adjudicated guilty. Under RCW 9.94A.030(9), a conviction can result from a guilty verdict, a guilty finding, or a guilty plea.

The process leading to a conviction can vary depending on whether the case goes to trial or is resolved through a plea bargain.

In a plea bargain, the defendant may agree to plead guilty to fewer or less severe charges in exchange for a more lenient sentence or other considerations.

If the case proceeds to trial, the prosecution and defense present evidence to a judge or jury, who then decides whether the defendant is guilty based on the standard of proof required—beyond a reasonable doubt.

The consequences of a conviction are significant and can include legal penalties such as:

  • Imprisonment
  • Fines
  • Probation
  • Criminal record

Beyond the legal implications, a conviction can have far-reaching effects on personal and professional life, including difficulty finding employment, loss of certain civil rights, and damage to one’s reputation.

Why Understanding Charges and Convictions Matters

Grasping the distinction between being charged with a crime and being convicted is fundamental to navigating the criminal justice system. When you're charged, it signals the beginning of a legal process where your rights and future are at stake.

However, a charge is not a conviction but a formal accusation that must be proven beyond a reasonable doubt in court.

Understanding this difference is vital as it informs your decisions and next steps, whether preparing for a trial, considering a plea deal, or exploring other legal options.

A lawyer can explain your legal standing and develop a strategic defense to seek a just outcome. The sooner you engage an attorney, the better equipped you will be to handle the complexities of your case and safeguard your future.

If you or someone you know is facing charges in Tacoma, please contact Hester Law Group to schedule a consultation. Call (253) 300-3034 today.

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