Legal Definitions - charge

In legal contexts, the term "charge" has several distinct meanings, depending on the situation:

• A Formal Accusation of Criminal Activity

  In criminal law, a "charge" refers to a formal accusation made by the government (through a prosecutor) stating that an individual has committed a specific crime. These charges initiate the legal process against the accused.

  • Example 1: After reviewing police reports and witness statements, a prosecutor formally brings "charges of grand theft auto" against an individual suspected of stealing a luxury car.

    Explanation: Here, "charges" refers to the specific criminal offenses (grand theft auto) that the prosecutor believes the individual committed and for which they will be prosecuted.

  • Example 2: Following a lengthy investigation into a company's financial practices, federal prosecutors announce "charges of insider trading and wire fraud" against several corporate executives.

    Explanation: In this scenario, "charges" are the official allegations of specific federal crimes (insider trading, wire fraud) that the government is leveling against the executives, leading to their arrest and trial.

• A Judge's Instructions to a Jury

  In a jury trial, the "charge" is the comprehensive set of instructions given by the judge to the jury before they begin their deliberations. These instructions explain the relevant laws, how they apply to the case, and how the jury should evaluate the evidence presented.

  • Example 1: In a civil lawsuit concerning a slip-and-fall accident, the judge delivers a "charge to the jury," outlining the legal definition of negligence, the standard of proof required (preponderance of the evidence), and how they should assess the credibility of witnesses.

    Explanation: The judge's "charge" guides the jury on the legal principles they must apply to the facts they heard during the trial to reach a verdict.

  • Example 2: During a murder trial, the judge's "charge" includes detailed explanations of the elements of murder, lesser included offenses like manslaughter, the presumption of innocence, and the prosecution's burden to prove guilt beyond a reasonable doubt.

    Explanation: This "charge" ensures the jury understands the specific legal requirements for each potential crime and their duties in evaluating the evidence according to the law.

• A Financial Burden, Encumbrance, Lien, or Claim on Property

  In property law and finance, a "charge" can refer to a legal claim or obligation placed on an asset, such as real estate, often as security for a debt. This claim can restrict the owner's ability to sell or transfer the property freely until the obligation is satisfied.

  • Example 1: When a business takes out a loan to purchase a new factory, the bank places a "charge" (a mortgage) on the factory property.

    Explanation: This "charge" means the bank has a legal claim against the factory. If the business defaults on the loan, the bank can enforce this charge to recover its money, potentially by forcing a sale of the property.

  • Example 2: A homeowner fails to pay their property taxes for several years, leading the local government to place a "charge" (a tax lien) on their house.

    Explanation: The tax lien is a legal "charge" against the property, indicating that the government has a claim on it for the unpaid taxes. This makes it difficult for the homeowner to sell or refinance the house until the tax debt is settled.

• A Fee for Services

  More broadly, a "charge" can simply mean the price or fee requested for goods or services provided.

  • Example 1: A consulting firm presents an invoice to its client detailing the "charges" for the hours worked on a project, including fees for research, analysis, and report preparation.

    Explanation: Here, "charges" refers to the itemized costs the client is expected to pay for the consulting services rendered.

  • Example 2: A hospital bill includes various "charges" for a patient's stay, such as room and board, medication, surgical procedures, and physician consultations.

    Explanation: These "charges" represent the fees the hospital is billing the patient for the medical services and facilities provided.