Odd Misdemeanor Lawyer, West Virginia

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Claude S. Smith, III
About | Practice Areas
The Law Offices of Claude S. Smith III
805 Bigley Avenue Charleston, WV 25302» view map
Criminal Defense Law
Working With Clients One On One

As your attorney, I will make sure you know that I am here for you. I will keep you updated on your case as it progresses.

800-936-8471
1. Claude S. Smith, III Charleston, WV
  Attorney at Law - WV, 1992
  University of Houston J.D. 1989
2. AboutThe Law Offices of Claude S. Smith III
  Working With Clients One On One
3. Practice AreasExpertise
  Criminal Defense Law
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LEGAL TERMS

MISDEMEANOR

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk d... (more...)

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.

SELF-DEFENSE

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal... (more...)

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal liability for the harm inflicted on the aggressor. For example, a robbery victim who takes the robber's weapon and uses it against the robber during a struggle won't be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm.

LEGISLATIVE IMMUNITY

A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does n... (more...)

A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does not protect legislators from criminal prosecution, nor does it relieve them from responsibility for actions outside the scope of their office, such as the nefarious activities of former Senator Bob Packwood.

ELEMENTS (OF A CRIME)

The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to perm... (more...)

The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to permanently deprive the owner of the property. Each of those four parts is an element that the prosecution must prove beyond a reasonable doubt.

BATTERY

A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behavior or how... (more...)

A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behavior or how severe the injury. A fist fight is a common battery; being hit by a wild pitch in a baseball game is not.

DIRECTED VERDICT

A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the... (more...)

A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the defendant. A directed verdict is usually made because the judge concludes the plaintiff has failed to offer the minimum amount of evidence to prove her case even if there were no opposition. In other words, the judge is saying that, as a matter of law, no reasonable jury could decide in the plaintiff's favor. In a criminal case, a directed verdict is a judgement of acquittal for the defendant.

ACTUS REUS

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For ... (more...)

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).

BOOKING

A quaint phrase that refers to the recording of an arrested person's name, age, address and reason for arrest when that person is brought to jail and placed beh... (more...)

A quaint phrase that refers to the recording of an arrested person's name, age, address and reason for arrest when that person is brought to jail and placed behind bars. Nowadays, the book is likely to be a computer. Usually, a mug shot and fingerprints are taken, and the arrestee's clothing and personal effects are inventoried and stored.

JURY NULLIFICATION

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for ... (more...)

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in 'three strikes' cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.

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Odd Misdemeanor Lawyer, West Virginia

Sponsored Law Firm

The Law Offices of Claude S. Smith III

SPONSORED LAWYERS

C. Scott Applegate

J. Mingo Winters

Kevin J. Robinson

Joseph Timothy Harvey

William S. Winfrey

William O. Huffman

Adam Douglas Taylor

Anthony Joseph Sparacino

Anthony Randall Veneri

Charles W. Pace

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LEGAL TERMS

MISDEMEANOR

SELF-DEFENSE

LEGISLATIVE IMMUNITY

ELEMENTS (OF A CRIME)

BATTERY

DIRECTED VERDICT

ACTUS REUS

BOOKING

JURY NULLIFICATION

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