There are numerous criminal defenses available that can allow the defendant to avoid punishment for their actions. When a defendant goes to trial for the alleged commission of a crime, the prosecutor must establish that the defendant is guilty of the crime beyond a reasonable doubt. At the same time, the criminal defendant has the right to present a defense and can do so by various means. The defendant may attempt to open up holes in the prosecutor's case, argue that someone else committed the crime, or argue that he did commit the crime but had a reasonable legal defense to do so.
Aggression occurs when someone threatens or attempts to physically harm another person, while aggression involves making physical contact in a harmful or offensive manner. Both assault and battery can result in serious charges, especially if they involve the use of weapons or if the injuries inflicted are serious. The judicial system treats these types of crimes seriously because they involve direct harm to another person. Drug-related crimes can include the possession, distribution, manufacture and trafficking of illegal substances such as marijuana, cocaine, heroin, or methamphetamine. Law enforcement agencies treat these crimes seriously and can result in long prison sentences and large fines, especially if large quantities of drugs are involved or if the accused person is found to be part of a larger drug distribution network.
Affirmative defenses involve admitting the act but presenting additional facts that excuse or justify the conduct. Common examples include self-defense, necessity, coercion, and insanity. These defenses are intended to provide a valid reason for the defendant's actions and, therefore, to positively affect the outcome of his trial. An alibi defense asserts that the defendant was not present at the crime scene when it occurred.
This defense often relies on evidence such as witness testimony, surveillance images, or electronic records to prove the defendant's absence. Cheating occurs when law enforcement induces a person to commit a crime that they would not have otherwise committed. To use this defense, the defendant must show that he was coerced or deceived by law enforcement. Self-defense asserts that the defendant used force to protect himself from imminent harm.
The key is to demonstrate that the force used was proportional (the same level or less) to the threat faced. The crucial elements of this defense often include the promptness of the threat, the proportionality of the response, and a genuine belief in the need to defend oneself. Coercion is a defense that asserts that the defendant committed the crime under threat of imminent harm. or death.
To use this defense, the defendant must demonstrate a genuine fear for their safety that led to the criminal act. This defense is similar to self-defense, but requires that the defendant have no other option but to resort to the act. Mistaken identity is a defense that asserts that the defendant is not the person who committed the crime. This defense often relies on alibi evidence, witness testimony, or forensic evidence to establish the defendant's innocence.
If you or someone you know is facing criminal charges, don't navigate the legal system alone. Contact Shoemaker Law at 904-736-3387 for a confidential consultation to discuss your case and explore your legal options. The four main criminal defenses include self-defense, insanity defense, common constitutional violations, and proof of innocence through methods such as alibis or the demonstration of mistaken identities. Understanding these defenses helps to see how defendants can avoid a guilty verdict.
The defense of coercion involves committing a criminal act due to threats of force or violence by another person. In other words, you are not criminally responsible if you are forced to commit a crime. While coercion generally involves threats of violence, it can also involve the threat of exposing embarrassing personal information or causing financial harm. This defense could be feasible when the threats are directed at the defendant or at a to be wanted.
In theory, coercion is possible in any crime, but it is most commonly used in cases of white-collar crimes. A general theory of criminal defenses is the doctrine of necessity. In general terms, a criminal act can be justified if necessary to prevent foreseeable harm and greater than the harm created by the act. For example, illegal entry is generally justified if the defendant only entered without authorization to, for example, attempt to instantly put out a fire on the property or rescue someone who was drowning in a swimming pool on the property.
The destruction or death caused by following the law and not entering without authorization would have been much greater than the damage caused by unauthorized entry. Similarly, most laws that prohibit the use of firearms in public contain an exception for emergency or defensive use. In general, the state of need forms the basis of many other defenses and their favor, such as capacity for office, legal duty, and self-defense. The most common types of criminal defense cases we handle are drug cases, domestic violence cases, DUI cases, cases of public intoxication and disorderly conduct, and cases of assault and battery.
We also tend to handle cases involving property crimes, such as shoplifting, grand theft, and property damage. Negative criminal defense is one of the most common approaches. It revolves around challenging the prosecution's evidence and the burden of proof. In a negative defense, the defendant asserts that the prosecution failed to fulfill its obligation to prove guilt beyond a reasonable doubt.
A criminal defense attorney could argue a good case, if there is evidence of disability documents. One category of defenses available to a criminal defendant is to argue that the defendant cannot be convicted of the crime because he didn't understand what he was doing or because his actions were wrong. These three criminal defense strategies play a critical role in safeguarding the rights of individuals facing criminal charges. When you face criminal charges, it's important to have appropriate legal representation to ensure that your rights are protected and that you have the best possible defense.
As a defendant facing criminal charges, you have the right to defend yourself against accusations. These strategies are essential for effectively navigating the criminal justice system and protecting individuals from unfair consequences. The impossibility defense is a criminal defense that is occasionally used when a defendant is accused of a criminal attempt that failed solely because the crime was factually or legally impossible to commit. Defense against criminal charges often requires analyzing the details of the incident and finding ways to prove innocence, justify measures taken, or reduce the severity of sanctions.
Presenting persuasive legal defenses in criminal court is very complicated and the stakes are high. A common defense is to question the accuracy of the breathalyzer or blood test used to determine the driver's alcohol level in alcohol. With a deep commitment to justice, Daniel leads his team to address complex federal cases, from white-collar crimes to violent crimes, ensuring the highest level of defense at every stage of the criminal process. With a specific intention, the nature of the act is criminalized, since the act itself is often objectively innocent.
Therefore, a criminal defense attorney would argue that the victim should not have said or performed certain illegal actions that would cause someone to lose self-control. Defending yourself against a violent attack is one of the most common defenses related to any violent crime, including assault or murder.
