What is the Difference Between Charged and Convicted?

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The difference between being charged and being convicted lies in the stages of the legal process and the consequences associated with each stage.

  • Charged: Being charged signifies the initiation of legal proceedings based on allegations of criminal behavior. At this stage, the accused is considered a "defendant" and is not implying guilt. A charge (or indictment) is an accusation that someone committed a crime that must be proven in court. The accused is considered innocent until proven guilty.
  • Convicted: Being convicted means that the person has either plead guilty or has been found guilty after a trial. A conviction establishes guilt in the eyes of the law, involving evidence and court determination. A conviction remains on a person's criminal record until they complete the expungement process. A conviction usually results in a sentence, such as probation, jail time, or prison.

In summary, being charged is the accusation of a crime, while being convicted is the formal finding of guilt and the imposition of a sentence. The distinction between being charged and being convicted is crucial for individuals navigating the criminal justice system, as it affects their rights, responsibilities, and potential consequences.

Comparative Table: Charged vs Convicted

Here is a table summarizing the differences between being charged and convicted:

Difference Charged Convicted
Definition Being charged means being accused of a crime, and the government has formally accused a person of a crime. Being convicted means either pleading guilty or being found guilty after a trial.
Legal Status A person charged with a crime is, by law, innocent. A person convicted of a crime is, by law, guilty.
Evidence Required The government needs probable cause to charge someone with a crime. The government needs proof beyond a reasonable doubt to convict someone of a crime.
Burden of Proof The burden of proof is on the government. The burden of proof is still on the government.

In summary, being charged with a crime means that the government has accused a person of committing a crime, and they are considered innocent until proven guilty. Being convicted means that the person has either pleaded guilty or has been found guilty after a trial, and they are considered guilty by law.