When facing charges under criminal law, relying on the expertise of a private criminal defense attorney is always advisable. for individuals facing charges brought upon them under criminal law, a criminal attorney will help uphold and defend their rights. Unlike court assigned defense attorneys, majority of private defense attorneys offer their experience as a paid contractual service. They work under contract for companies and individuals whom are charged under criminal law, in arguing for their clients best interests. Criminal law is different from other forms of laws. Other forms of law include civil law which deals in the settling of agreements and contracts, military law which explicitly governs the conduct of members of the armed forces, constitutional law which governs the different arms of a sovereign state – the executive, legislature, and the judiciary, administrative law which governs the actions of state agencies, and international law which governs the relations between sovereign states.
Criminal law, as it refers to ensuring the safety and welfare of the citizens in a society, identifies the conduct of individuals and companies. for noncompliance to such conduct, it is also the basis of carrying out sentencing. Criminal law in the United States divides crimes into two classifications; crimes can be considered misdemeanors or felonies. crimes that carry a sentence no greater than one year of incarceration are considered misdemeanors in most countries. the crime is considered a felony if incarceration is beyond one year. In former British colonies such as Australia, New Zealand, and other commonwealth countries, the distinction is drawn between summary offenses and indictable offenses; where summary offenses have a sentence of less than one year and indictable offenses carry a sentence greater than one year.
every citizen has a right to counsel by law. If the accused is unable to meet the legal expenses of having a criminal defense attorney represent them, then the state is obligated to meet those expenses on the behalf of the accused. If the state is meeting the costs, then the court will assign a public defense attorney to their case. The problem with this is that a public defense attorney may have experience from any one of the mentioned forms of law, but they may not always be well versed with the invaluable experience defend and argue against criminal charges. on the other hand, a criminal defense attorney has built their career centered only on issues of criminal law. Typically, they may be from a firm with several years if not decades of experience in this form of law.
Not to discount the efforts of a public defense attorney, a private criminal defense attorney is perhaps more motivated to show that both a criminal act was not committed and no criminal intent existed on the part of their client; this is true given that they are contracted by their client to represent them at a substantially higher cost. A criminal defense attorney can also be invaluable in pre-trial negotiations of a plea bargain. For instance in misdemeanor charges, they can negotiate lesser sentencing on the behalf of their client.