Criminal cases might require different strategies in order to show that you’re innocent. A criminal defense attorney Greenville will try to use a variety of ideas and methods that can help you win the case, depending on the situation. We made a quick list showing the most common defenses we encounter in criminal cases.
Innocence
One of the most common defenses is innocence, where the defendant blatantly states they did not commit the crime they are accused of. In these situations, the defendant needs to have an ability. A lot of the time, these cases rely on reasonable doubt: the prosecution needs to prove guilt beyond any doubt, otherwise the defendant could be acquitted.
Self-defense
In certain situations, the defendant could agree to the charges, however they can imply it was all done as self-defense. That means they were in imminent danger and they used proportional force. It can also apply to defense of property, aside from physical defense. There are many criminal cases where self-defense is used as a plea.
Mental incapacity or insanity
Some defendants will also claim that they are insane at the time when the crime was committed. They were unable to differentiate right from wrong, according to them. However, in order to use such defense in court, the defendant needs to undergo psychiatric evaluation. Not only that, but expert testimony is required as well. Although this type of defense is rarely used and it has a low chance of winning, it could lead to institutionalization instead of going to prison.
Lack of intent
Another strategy used by defendant and their attorney can be the lack of intent. The defendant can state that the act/crime was accidental, involuntary and not something they specifically wanted to do. A defendant can say they didn’t know those actions would be criminal. For example, someone that took a bag thinking is theirs shows a lack of intent.
Entrapment
Entrapment is a situation where the defendant states they were forced by law enforcement to commit a crime. If that’s the case, the defendant needs to show that they were not predisposed to committing that crime, along with valid documentation that the government encouraged them to commit the crime in question.
Intoxication
It’s also possible for intoxication to be used as a defense. Voluntary intoxication can reduce some of the culpability for various crimes. However, involuntary intoxication can actually be used as a complete defense. Naturally, you need to prove these things happened without your consent, otherwise it won’t hold in court.
Procedural defenses
These constitutional violations of rights will lead to suppression of evidence. You can use the 4th, 5th or 6th amendment for unlawful search and seizure, failure of reading the Miranda rights or denial of right to counsel. If any key evidence gets suppressed, then that could lead to case dismissal.
Statute of limitations
When it comes to this type of defense, the defendant’s attorney will argue the time limit to prosecute a crime has expired. Felonies tend to have a longer statute of limitations when compared to misdemeanors. Serious crimes such as murder don’t have any statute of limitation, however.
Duress
In certain criminal cases, some defendants will state that they were forced to commit the crime since they were threatened. While this is not a valid defense for murder, it can be applied to lesser crimes. Duress can be situation-dependent, however it was successfully used as defense in various criminal cases.
Double jeopardy
Such a strategy asserts that the defendant was acquitted/convicted of that crime already. They are protected under the 5th amendment, and in that case, it’s a valid defense. It’s not used very often, but it’s certainly a valid defense to consider.
Consent
Defendants can also use consent as a defense strategy. In this case, they argue that the victim consented to the act. It needs to be voluntary and informed consent. Such a defense is common in the case of property crimes and assault, along with sexual assault. Consent is seen in different forms, but in general, it depends on the situation at hand and it can sometimes be used in the court of law. But that doesn’t happen all the time.
Conclusion
All of these defenses are commonly used whenever we talk about criminal cases. Some of them are used often, others less so. But it’s extremely important to talk with an attorney and ensure that you have the right legal assistance and help, if possible. It’s difficult to find the right defense on your own, and that’s why having an expert to assist with this process can make a huge difference. You can use different types of defense and strategies to protect yourself and prove your innocence. However, you always need to prove your claims, and having evidence accumulated by an attorney is the best approach!
