What is the Difference Between Charged and Convicted?

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.