A person that has been charged with crime will first have to find out what kinds of criminal defenses are available to them. This is where he or she will need to know the legal defenses in criminal law, and where defense attorney strategies that have been established with time and understanding can help you.
There are various forms of criminal defenses. Your lawyer can assist you with discovering your rights and options, including which defense or defenses are necessary and appropriate in your case.
Common Defenses to Criminal Charges:
There are numerous common defenses to criminal charges. A defendant may argue that someone else committed the crime, that there are errors in the prosecution’s case, that evidence was gathered in breach of the defendant’s legal rights, that the defendant had a mental inability which caused him or her to commit the crime, that the defendant lacked the intent to commit the crime or that the defendant had a justifiable reason for committing the crime.
While a few defenses are only brought up with the goal of demonstrating that the prosecution has failed to make its case, other defenses are affirmative defenses, which means they should be autonomously demonstrated.
Constitutional violations are criminal defenses utilized in criminal trials and involve the manner in which proof was gathered by police and other law enforcement. These are significant defenses that could bring about dismissal of the whole case.
Constitutional violations include unlawful search and seizure of your home, vehicle, other belonging, inability to acquire a warrant for entry, getting an inappropriate confession, or inability to read you your “Miranda Rights” at the time the arrest was made. Police officers regularly commit errors in the manner they carry out their job. These missteps may need suppression of proof against you, if not dismissal of the prosecution’s entire case.
This defense may be brought up where the defendant utilized force or violence to protect property, like land or items, from damage or destruction. It has an extra limitation, in that the measure of force utilized to protect property can never be fatal.
Alibi is an affirmative defense in which the defendant must prove that he or she was some place other than the scene of the crime at the time of the crime. Supportive evidence a defendant might be allowed to provide are phone records, surveillance footage, testimony from someone he or she was with, and receipts from a commercial establishment such as a supermarket or restaurant.
Perhaps the least complex defense to criminal liability is the defense of innocence. This defense is used when you didn’t commit the crime. Keep in mind, the prosecution needs to prove each component of the crime charged against you and prove it beyond a reasonable doubt. For one to be innocent he or she does not have to prove anything. However, there’s an option of offering testimony, documents, and other evidence in support of one’s innocence.
Defense-of-Others involves justified use of force or violence. This might be utilized where the defendant used violence to secure someone else – a child, a spouse, a relative, or even a stranger.
Any of the defenses listed above may be available in your criminal case. For an examination of the specific facts and circumstances of your case and to choose the best defense or defenses available, a seasoned criminal defense lawyer can help. You need a lawyer you can understand – someone who talks your language and takes time to explain your options. Look for a lawyer who will act as your adviser and who you feel comfortable with.