These include the presumption of innocence, or that the person is innocent until proven guilty. Instead of the defendant having to prove his or her innocence, the prosecution must prove the defendant s guilt beyond a reasonable doubt. The burden of proof is much lighter in a civil case. In civil matters, a preponderance of evidence showing a more than 50 percent chance that one of the parties is at fault is all that s necessary. Defendants in criminal cases have other constitutionally guaranteed rights.
Crimes have different degrees of seriousness.
Misdemeanors include shoplifting, resisting arrest, simple battery, or public drunkenness and may carry a jail sentence of one year or less. Felonies are the most serious crimes like robbery, kidnapping, rape, and murder and carry a maximum sentence of more than one year.