In legal terms, there is a big difference between being charged vs. convicted. Being charged means that the police said you committed a crime(s), but it does not determine your guilt. Conviction, however, means that a jury of your peers found that you are guilty. In New York, if you have been arrested and charged you will acquire a criminal record. If you are convicted, it will take some time for that conviction to show up on your record but once it does it will stay there forever. It’s important to understand the difference between being charged vs. convicted because your life will change greatly depending on the outcome of the case.
In the legal system, there are three degrees of assault: misdemeanor, felony, and aggravated assault. Each has varying penalties and aggravating factors that can elevate an incident to a more serious charge. For example, if someone is beating up their girlfriend and the witness calls the police and gives a statement then that person could be charged with assault. The felony charge will carry more significant consequences than the misdemeanor charge because if a felony is committed then that person will be incarcerated. The process from being charged to potentially being convicted involves several legal steps and reviews.
It’s easy to see how the more severe crimes are more serious than the less severe ones but it can be difficult for the average person to grasp what being charged vs. convicted actually means. For example, most people are familiar with the term battery but many do not know that it is considered a more serious offense than simple assault in New York. The reason that battery is a more serious offense is because it could result in more damage to the victim such as broken bones or a long-term injury. Understanding the distinction between being charged vs. convicted is crucial in assessing the implications of these different crimes.
During the 2021 DA survey of discovery compliance, only 20% of NY judges said that prosecutors’ discovery obligations were met “most of the time.” This is a major problem because it means that prosecutors have to spend much of their time trying to gather evidence and meet the deadlines rather than prosecuting cases. Trying to collect all of this data, including reams of redundancy and irrelevant material, also carries an enormous financial burden, especially in an era when data storage and transmission costs are skyrocketing. This impacts the efficiency of moving from being charged to convicted, as inadequate discovery can delay or derail prosecutions.
This systemic delay in prosecution is causing tremendous harm to the public. It is driving up homicides and other violent crime rates while decreasing arrest rates in the county. In fact, adult felony arrests fell by 14% in NY between 2019 and 2021 while murder, shooting, and domestic violence felony assault crime levels rose astronomically. These statistics highlight the critical impact of the legal process on public safety, underscoring the difference between being charged vs. convicted, and the importance of efficient legal proceedings in achieving justice.
When a police officer makes an arrest, the information is sent to the District Attorney’s office for review. The DA determines whether to file charges, which include felonies or misdemeanors. Understanding the distinction between being charged vs. convicted is crucial, as the former only initiates legal proceedings, while the latter concludes them with a judicial finding of guilt. If the DA does not file charges, the suspect is released from custody. If the DA files charges, the suspect will be arraigned in the Criminal Court of New York. At arraignment, the defendant is officially read the charges and can choose to enter a plea of guilty or not guilty. If the defendant is charged with DWI, their license will also be suspended at this time.
For less serious crimes, the officer may issue a Desk Appearance Ticket (DAT) to the person arrested. A DAT releases the defendant from jail before arraignment but requires that they appear for arraignment on a date set by the court. At arraignment, the individual learns more about the charges, arrangements are made for legal representation, and the judge decides if they need to be held in jail until trial or if they can be released on bond until the trial date. This process emphasizes the difference between being charged vs. convicted; arraignment is just the beginning of the legal process and does not determine guilt.
In the case of a felony, an indictment is required before the case can go to trial. This means that the District Attorney's Office will present evidence to a grand jury and ask the grand jury to find probable cause that this person committed a felony and that there is enough evidence for them to go to trial on those felony charges. Once the grand jury finds that there is enough evidence, they will indict the defendant. This stage is critical in understanding the charged vs. convicted distinction, as being indicted still does not equate to a conviction.
After a felony indictment, the case is moved from local (referred to as inferior) court to a County or Supreme Court. The post-indictment arraignment is exactly the same as a previous arraignment but is done on the new accusatory instrument or indictment. Here again, the distinction between being charged vs. convicted is evident, with the arraignment dealing only with charges, not a determination of guilt.
At the trial, the defendant will be able to present their case and witnesses in order to convince the jury that they are not guilty of the crime. The People will then offer their evidence in support of the indictment and the defendant will have a chance to offer his or her own evidence as well. After the People are done offering their evidence, the defendant and their attorneys will have an opportunity to offer rebuttal evidence and the People will have an opportunity to offer rebuttal arguments. The clear difference between being charged vs. convicted will culminate with the jury's decision, which will determine if the defendant is actually convicted or not.
Once all of the evidence is presented, the jury will retire to deliberate. The judge will read the verdict and if the defendant is found not guilty, they will be freed. If the defendant is convicted, the judge will pronounce the sentence based on a recommendation from the prosecution. This final step marks the transition from being charged to being convicted, impacting the defendant’s rights and freedoms significantly.
A person is charged with a crime when he or she receives a criminal complaint or arrest warrant, which starts a distinct process within the criminal justice system. It's crucial to understand the difference between being charged vs. convicted; being charged simply initiates the legal process, whereas being convicted means that the process has concluded with a determination of guilt.
Once the accused is charged with a crime, the prosecution must follow a strict set of procedures in order to have a chance at proving the case at trial. The distinction between charged vs. convicted plays a significant role in how the case is handled from this point forward. The process varies slightly from district to district but the Federal Rules of Criminal Procedure generally dictate the procedures that must be followed. In the Southern District of New York, for example, the initial appearance is known as a "first appearance" and occurs in the office of the federal public defender (or the Public Defender's Office). At this time the defendant will be advised that he or she has the right to an attorney.
In addition to advising the accused of his or her rights the court will determine whether there is a need for bail, if the accused is not already on probation or parole. The judge will look at many factors including the seriousness of the charges, the likelihood that the defendant will commit more crimes, the defendant's residence and employment, past criminal record, education, previous compliance with court orders, and the ability to pay a bond. Bail will be set only if the judge finds it reasonable, not because of a person's ability to pay. It's important to note the difference between being charged vs. convicted when considering bail, as it is set based on the assumption of innocence until proven guilty.
After the arraignment, there may be a Dunaway hearing (or Mapp, Huntley, or Wade hearing) to challenge the validity of evidence obtained by the police through an unwarranted search. This is usually held in conjunction with a jury selection. The judge will ask the prospective jurors questions to establish their eligibility for serving on a jury, as well as to obtain a list of personal interests and beliefs that they may have that would prevent them from being fair and impartial. These hearings underscore the critical legal threshold between being charged vs. convicted, focusing on the rights of the accused and the integrity of evidence.
At the trial, the procedure consists of jury selection (6 jurors for misdemeanors, 12 jurors for felonies), opening statements, the People's presentation of evidence, and the defense's presentation of evidence. Then come closing arguments, a jury charge, deliberations, and the verdict. The Judge will give a final sentence which may include time in jail, restitution, community service, and a special court fee called a special assessment. This final sentencing phase clearly distinguishes the charged vs. convicted statuses, as it only applies post-conviction.
Every convicted defendant has the right to appeal. If the appellate court finds a substantial error they will reverse the conviction and in some cases dismiss all or some of the charges. In the State of New York, an appeal is called a direct appeal and only issues that were raised in trial can be raised on a direct appeal. A new trial will then be scheduled if the appellate court reverses, reinforcing the crucial distinction between the legal states of being charged vs. convicted, and how each impacts the rights and future of the defendant.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060