One of the first questions you may have after being charged with a crime is what types of defenses are available to you. This is where you’ll need to be familiar with criminal law legal defenses, as well as defense lawyer methods that have been refined with time and experience.
Criminal defenses come in a variety of forms. A Dallas criminal defense attorney can assist you in determining your rights and alternatives, as well as which defenses are accessible and applicable in your case.
What is the definition of a criminal defense?
What exactly is a criminal defense? A criminal defense is a strategic argument that aims to refute the prosecution’s evidence’s legitimacy and sufficiency. For federal offenses, the prosecution, often known as the state, the people, or the United States, is the party attempting to prove the criminal accusations against you. The prosecution must establish that the crime was committed beyond a reasonable doubt.
This falls apart because they must prove each element of the crime you’ve been accused of beyond a reasonable doubt. It’s known as the “burden of proof,” and it’s a big one.
Different types of defense in criminal law
There are numerous typical criminal defenses. A defendant may argue that the prosecution’s case is flawed, that evidence was obtained in violation of the defendant’s constitutional rights, that another person committed the crime, that the defendant committed the crime for a legitimate reason, that the defendant lacked the intent to commit the crime, or that the defendant committed the crime due to mental incapacity.
What are the most common criminal law defenses?
While some defenses are raised solely to demonstrate that the prosecution has failed to prove its case, others are affirmative defenses that must be shown independently. So, what are some of the most common criminal defenses? Below is a handy collection of the most common criminal defenses.
-
Innocence
The defense of innocence is one of the most straightforward approaches to criminal culpability. This defense is used when you were not the one who committed the crime. Keep in mind that the prosecution must establish each element of the crime alleged against you beyond a reasonable doubt.
You don’t have to prove anything to be innocent. You can, however, testify, produce documents, and present other evidence to prove your innocence.
-
Violations of the Constitution
Illegal searches and seizures of your home, automobile, clothing, or person, failure to get a warrant for entry, eliciting an incorrect confession, or failing to give you your “Miranda Rights” at the moment of arrest are all examples of constitutional infractions. Police officers frequently make mistakes in their work.
-
Alibi
Certain sorts of affirmative defenses exist in criminal law, such as the alibi defense. This implies the defendant (you) must show the defence, which in the case of an alibi means proving that you were somewhere other than the crime scene at the time of the crime.
A defendant’s supporting evidence could include witness testimony, surveillance footage, receipts from a restaurant, store, movie theater, or athletic event, or phone records.
-
Insanity
The insanity defence states that the defendant was either unable to differentiate right from wrong at the time of the crime or had a “irresistible drive” to commit the crime; implying that he or she understood what they were doing was wrong but couldn’t stop themselves.
The second reason insanity is rarely brought up in court is that the defence requires the defendant to confess that the crime was committed and that they were the ones who committed it. If the jury does not agree that the defendant was mad; they have conceded far too many facts in their favour; and the prosecution will very certainly win. A successful insanity defence often leads in institutionalisation; which is a third reason insanity defenses are utilised less than you might imagine.
-
Self-Defense
Self-defense may be used to defend crimes such as assault, battery, and murder; in which the defendant uses violence in a reasonable response to the victim’s violent actions or threat of violent actions. The defendant’s use of force must be reasonable and proportionate. In such cases you should hire a Collin County criminal defense attorney.
-
Defense-of-Others
The defense-of-others defence, like self-defense, involves the justified use of force or violence. When the defendant uses violence to protect someone else – a spouse, a kid, another family member, or even a stranger – this could be used. This argument might be utilised if someone used violence to stop someone on a bus from physically attacking another passenger.
-
Defense-of-Property
The defense-of-property defence, like self-defense and the defense-of-others, can be invoked when the defendant used force or aggression to protect property, such as land or items, from harm or destruction. This defence also has a limitation in that the force used to protect property can never be lethal.
-
Involuntary Intoxication
A lack of intent defence is involuntary drunkenness. This defence throws out the intent part of most offences if the defendant was in a state; where he or she did not know what they were doing due to intoxication.
Is being too inebriated or high truly a justification for committing a crime? Maybe is the answer. If the individual who was intoxicated was not willingly intoxicated, such as if their drink was “spiked” or they ate something at a party that was “laced” or poisoned with a narcotic that they were unaware of.
-
Intoxication on one’s own volition
Unlike involuntary drunkenness, intentionally getting drunk or high and then committing a crime does not constitute a valid defence. However, the voluntary intoxication defence may apply to some offences that require specific intent — that is, the prosecution must prove beyond a reasonable doubt that the defendant wanted to conduct the act and also intended for the exact consequences of his or her act to occur.
