Presenting a criminal defense requires a concerted effort and a clear strategy. Each case is different, but every criminal defense attorney has a toolbox they use when they deal with the police, prosecutors, judges, and jurors. Here are 5 of the basic arguments defendants might use.
It Wasn't You
One of the simplest defenses is that you're not the person who committed the alleged offense. A lawyer usually accomplishes this by providing proof that a client was elsewhere at the time certain events happen. If they were present, but didn't commit the offense, the attorney will cast doubt on who the offender was.
Your Actions Were Justified
This is a somewhat trickier defense because it opens with an admission of certain actions but not guilt. Justification is a common reasoning used in assault cases where a person asserts that they were defending themselves. Such cases depend on building up questions about the circumstances that led to what happened and the mindsets of the people involved.
A variant of this defense is the so-called mistake of fact. This is where a defendant asserts that they did do something wrong, but they thought it was justified at the time. A classic version of this is when police-involved shootings occur and a cop asserts they felt threatened at the time.
It's Not a Crime
A similar sort of defense is that you did something, but that none of it was illegal. For example, where exactly is the line between commerce and bribery? People pay others to do things they desire all the time, and it's worth asking if an accusation of bribery is overlooking something more basic in how all people do business. On the downside, prosecutors rarely bring these kinds of charges unless they can document a corrupt intent.
Nothing Happened at All
Somewhat similar to the idea that it wasn't you is the defense that nothing, criminal or otherwise, happened. The prosecution, after all, has an obligation to prove that an offense occurred, and it would go a long way to defeating their efforts if you could show that whatever events they allege occurred never even occurred.
Least Harm
In truly bad situations, a defense arises from taking actions that represented the least harm. For example, breaking down into a house might be justified if you thought someone inside was in danger. A similar version of this defense is used when people are caught speeding while going to the hospital.
For more information on presenting a good defense, check with a criminal defense attorney.
Share30 November 2019
When it comes to fighting in court, it isn't always easy to stay strong, stable, and secure in your convictions. Fortunately, by working with a great lawyer, things become much easier. About ten years ago now, I was accused of a crime that I didn't commit, and it was really heartbreaking. I started thinking about what to do, and a friend of mine suggested working with a great lawyer. It was incredible to see how much help the lawyer was, and within a few months, I was proven innocent. This blog is here to help people who might be fighting legal battles of their own.
