Seven Common Defenses in Criminal Cases
When you or a loved one is charged with a crime, life can change in an instant. Many people often feel confused, alone, and with nowhere to turn. The right criminal defense lawyer, however, can make all the difference. The best ones will walk you through your entire case, step by step, and advise you of your options along the way. To help you feel more at ease, we think an important starting point is to understand some common defenses for criminal cases. In this post, we’ll walk you through these common defenses and lay out some examples that shine some light on what they can mean for you.
Criminal defense cases can be complex, so it is important to find an attorney who truly understands the justice system and can build a strong defense for you. At Avera & Smith, we’re confident our team is comprised of the best criminal defense attorneys in Gainesville, and we’re on your side. We’ll listen to your situation and work with you to provide the best defense for a successful outcome. Read on to learn about common defenses, and reach out to us for a free consultation when you’re ready.
Innocence
The most common defense against a criminal charge is innocence or saying that you did not commit the crime or crimes for which you are charged. Since the prosecutor’s job is to prove you committed the crime beyond a reasonable doubt, which includes finding evidence that you did commit the crime, this defense is often the easiest on the person who is charged. Whether it’s a case of mistaken identity, misidentification by witnesses or victims, or bringing new evidence of another criminal to light, if you are innocent, speak up. Your attorney will work with you to build a strong case with the evidence that supports your innocence.
One of the best means of proving your innocence is by providing an alibi for your whereabouts during the time at which the crime was committed. If you can prove you were not there, charges against you may be dismissed. Alibis often require evidence such as receipts or surveillance footage, or testimony from another person who you were with at the time. Phone records, ticket stubs and other forms of proving your location may also be used.
Constitutional Violations
Claiming a constitutional violation can also help with your case. Whether you were the primary person committing the crime or party to a crime that took place, certain things that the police may or may not have done in the handling of your case can cause the charges to be dropped or a ruling overturned. One of the biggest examples is if the police do not read you your Miranda Rights during arrest. Other examples include a coerced confession, failure to show or produce a search warrant, and confiscation and reviewing of mobile devices and other property. If any of these did, or didn’t, take place, bring it to your lawyer’s attention right away.
Insanity
The defense of insanity can be a difficult one, and is generally considered only with the most serious crimes. For this defense, the burden of proof is on the defendant. The defendant must prove beyond a reasonable doubt that they were suffering from a severe mental disease or condition when the crime was committed. However, even if that is true, this defense also means that the defendant must admit to the crime in order for the defense to be considered. This can put a defendant in a risky situation, as in the event the judge or jury determines that the defendant was not suffering from mental illness, higher penalties are a big possibility.
Self Defense, or Defense of Others or Property
Self-defense is a common defense used for violent crimes like assault, battery and murder. Though the defendant is admitting to the crime, they are claiming that the threat against them was so strong that their own violent actions were justified in order to defend their life.
Similar to self-defense, the defense of others can be used when one person is defending another against the violence of an attacker, whether it’s a spouse, child, family member or stranger.
If property is in the line of attack, whether it’s land or tangible items, a defendant can claim their actions in protecting the property were justified with a defense of property plea. Note here that any force used in this defense cannot be lethal.
Intoxication: Voluntary and Involuntary
If a crime was committed while someone was under the influence of alcohol or drugs, the defense may be considered either involuntary or voluntary intoxication. Either defense implies that either while or because the defendant was intoxicated they did not plan or realize that they were committing a crime.
Involuntary intoxication can be from a spiked or laced drink or food item in which the person consuming the item and carrying out the crime is not in their right mind and unaware of any wrongdoing. Voluntary intoxication is similar, though it puts the burden of proof on the prosecution to prove that the defendant intended to commit the crime, and intended for the consequences of the crime to occur, while intoxicated.
Necessity
The necessity defense can be used if a defendant commits a crime to prevent a worse crime from happening or to prevent harm to others. Examples include stealing food to feed a starving family or driving with a suspended license to get someone to the hospital in an emergency.
If you have been arrested or are currently under investigation, it is important to know your rights and what defenses may be available to you. Hiring an experienced criminal defense attorney is the best way to ensure that you are prepared and have the best possible defense. At Avera & Smith, our Gainesville lawyers will support your criminal defense case and fight for your rights every step of the way. Contact us today for a free consultation and let us start helping you build a strong defense against the charges brought against you.