Defenses That Can be Used By Criminal Defense Lawyers
For people who’ve been charged with criminal activity, they are hiring criminal defense lawyers to protect their rights, which then use various defenses. There is a possibility that the convicted has been sentenced to pay a fine, do community service, serve years in prison or even death penalty. It is the job of criminal defense lawyers to get the lightest sentence that their client will get or have them acquitted. What these legal representatives do is study and applies different types of defenses to make it happen.
Number 1. Affirmative criminal defense – by showing that the evidence presented by the prosecution isn’t true allows criminal defense lawyers to minimize its impact on the case. In this type of defense, the attorney along with their client produces evidence that will support their defense. For example, if the defendant is accused and also charged with first degree of murder or in other words, the suspect has already planned it long before it happens, then they can go for an alibi witness. This is a person who will stand in court and defend that accused that he/she is impossible to commit the crime by giving an alibi and time for when the murder happened.
Number 2. Insanity defense – as a matter of fact, TV shows as well as movies made this form of defense popular. The sad thing is, it’s a kind of defense that’s not usually used or end up successfully. When the criminal defense attorney utilizes this defense, it shows that the client does admit to commit the crime but they didn’t know that the thing they did was wrong.
To be able to use this defense correctly, the client needs to have a serious mental illness or defect when the crime was made. It may be risky to depend on this kind of defense as the client admits to the crime but if the jury doesn’t believe him or her insanity, then they can find the client guilty and receive a more serious sentence.
Number 3. Duress and coercion – this is actually an affirmative criminal defense attorney stating that the client was only forced to commit the said crime for being threatened with an unlawful force. Here, the force doesn’t always have to happen because even a simple threat is more than enough to be looked at as act of defense.
However, the threat couldn’t be implemented in the event that it is the client who put himself to the situation of duress.
In addition to the defenses that were discussed earlier, there are self defense, status of limitations and consent that are used. To know the best defense to be used in the case, then you should talk this one out with your criminal defense attorney.