If you are a defendant in a criminal proceeding, you are entitled to a lawyer to defend you from the allegations. A defense strategy can challenge or restrict the prosecution’s arguments, provide a legal defense for your actions, & more. The prosecutor must prove allegations beyond a reasonable doubt.
Successfully arguing a legal defense in criminal court is challenging, & the stakes are pretty high. Therefore, it is recommended to consult with Hitchcock criminal defense attorney before taking any steps.
Common defenses in criminal cases
Criminal defenses are strategies used in law to dispute or overturn the proof brought out by the prosecution against a defendant. Criminal cases can involve a variety of defenses, including the following:
An alibi defense argues that the defendant did not witness the crime when it took place. This defense uses evidence that the accused was prohibited from committing the alleged offense, such as witness statements, surveillance footage, or documented actions.
According to this defense, the defendant engaged because they believed there was a genuine, immediate danger to their safety or the security of others. It claims that the defendant had no option but to use force to defend himself.
According to this defense, the defendant had no way to grasp the nature and wrongness of their acts at the moment of the crime because they suffered from a severe mental disease or illness. If successful, this defense might result in a not-guilty because of insanity, possibly resulting in mental treatment rather than jail.
Mistake of fact
According to this defense, the arrested person committed a genuine & reasonable crime regarding a fact or situation connected to the stated offense. This error must be significant enough to impact the prosecution’s case negatively.
It is essential to keep in mind that jurisdiction, & the nature of each case will affect the availability & strength of these defenses. Similarly, the defendant’s case can be improved by incorporating certain defenses.
Other notable defenses consist of the following:
- Entrapment: Argues that the defendant was compelled by law enforcement to commit a crime that they otherwise would not have.
- Duress or coercion: Argues that the defendant’s only reasonable choice was to commit the offense to stop more significant damage.
- Necessity: Argues that the defendant’s only reasonable choice was to commit the offense to stop a bigger damage.
- Consent: Claims that the charged person took part in the alleged act willingly & knowingly.
Make sure you speak to a criminal defense lawyer and get legal assistance.