Also known as:charges · charged · charging · accusation · jury charge · lien
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
1
in criminal procedure
A formal accusation of a specific crime contained in an indictment or complaint that initiates prosecution against the defendant.
2
Sense 1
1
in criminal procedure
A formal accusation of a specific crime contained in an indictment or complaint that initiates prosecution against the defendant.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
Dictionaries
Examples
Sense 2
2
in jury trials
The oral instructions given by the judge to the jurors immediately before deliberations begin.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
Dictionaries
Sense 3
3
in property and probate
An encumbrance or deduction imposed on an interest in property or an allowance to satisfy an obligation or prior distribution.
Examples3
Mortgage Title Theory Charge
Cynthia Cortez borrows funds from Canyon Construction secured by her home. Under the jurisdiction's title theory, the lender receives legal title while Cortez retains only the equity of redemption. The mortgage therefore charges the property with the debt and limits her possession rights until repayment.
Lease Writing Requirement Charge
Cecilia Cabrera agrees to lease commercial space from Crestview Holdings for five years at a stated monthly rent. The parties execute a signed writing that identifies the parties, premises, duration, and rent. The lease satisfies the statute of frauds and validly charges the tenant with the rental obligation.
The oral instructions given by the judge to the jurors immediately before deliberations begin.
3
in property and probate
An encumbrance or deduction imposed on an interest in property or an allowance to satisfy an obligation or prior distribution.
Each sense below has its own examples, sources, and questions.
3
Conspiracy Charge Despite Impossibility
Christian Coleman and Colin Chambers agree to rob a bank that, unknown to them, has already closed permanently. Prosecutors bring a charge of conspiracy against both men. The court rejects any defense based on the factual impossibility of completing the robbery because the agreement and criminal intent alone complete the offense.
Sixth Amendment Charge Notice
Charles Cunningham is arrested and faces a charge of felony assault. At his initial appearance the court informs him of the nature and cause of the accusation as required by the Sixth Amendment. Cunningham then exercises his right to counsel to prepare a defense to the charge.
Character Evidence on Essential Charge Element
Cade Carpenter is prosecuted for felon-in-possession of a firearm. Because his status as a felon is an essential element of the charge, the prosecution offers specific instances of his prior convictions under Rule 405(b). The court admits the evidence to prove the character trait directly at issue.
Frequently Asked3
Does factual impossibility defeat a charge of conspiracy at common law?+
No. The agreement and intent to commit the unlawful act remain sufficient for guilt even when external facts make the objective impossible to accomplish.
How does the Sixth Amendment protect a defendant facing a criminal charge?+
It guarantees the right to a speedy public trial by an impartial jury, notice of the nature and cause of the accusation, confrontation of witnesses, compulsory process, and assistance of counsel.
When may specific instances of conduct prove a character trait that is an element of a charge?+
When the trait is an essential element of the charge, claim, or defense, relevant specific instances may be admitted to prove it.
Homestead Allowance Charging Order
After the death of her spouse, Copperfield Mining's surviving spouse receives the family home under a constitutional homestead right. The probate court charges the value of that homestead against her separate homestead allowance because the home forms part of the decedent's estate.
Frequently Asked1
What must a writing contain to support a charge under a lease within the statute of frauds?+
The writing must identify the parties and premises, specify the lease duration, state the rent, and be signed by the party to be charged.
410 U.S. 113 (1973)Constitutional Law
…83, 101 (1968), and Sierra Club v. Morton , 405 U. S. 727, 732 (1972)? And what effect did the pendency of criminal abortion charges against Dr. Hallford in state court have upon the propriety of the federal court's granting relief to him as a plaintiff-intervenor? A. Jane Roe. Despite the use of the pseudonym, no…