7 Most Common Defenses In Criminal Cases
The defendant may find himself trapped and facing dead ends during a trial hearing as the prosecutors lash back with the blame game and severe accusations. However, in such precarious moments, the criminal defendant has to come to the rescue. He can adopt a variety of strategies or claims that could dig out an escape route for the defendant. For example, a professional criminal defense lawyer may adopt any common defenses to avoid punishment.
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This is the most practiced and simplest defense. Usually, it is raised when the defendant has no part in the crime. The defense attorney has to prove this claim beyond a reasonable doubt with every shred of evidence he can get and nullify the charges. He could offer proof, documents, and testimony to back his innocence.
Alibi is the most considered an affirmative defense. The defendant has to prove his absence from the crime scene and that he was somewhere else during the action. The defense lawyer has to prove it with the help of testimonies by people the defendant was with at that time. Surveillance footage of markets, stores, restaurants, or any event may also come in handy.
3. Constitutional Violations
This defense raises questions at several actions by police at the time of arrest or searches, including failure to read Miranda Rights, attaining an inadequate confession, failure to show an entry warrant, illegal search of home, car, or body, and confiscation of mobile or other property. During arrests, some police officers are prone to make any of these mistakes, which can go in your favor. Moreover, if you live near or in Tennessee, you can search among the best criminal attorneys in Knoxville who are experts in adopting defenses and can help you with your criminal charges.
This defense is frequently adopted for some crucial reasons. The first one is that it requires the lawyer to prove that his client was suffering from a mental defect or disease at the time of the crime, which obscured his power of thinking. Secondly, the action was out of impulse, so the defendant knew what he was doing but couldn’t help do it because of his mental stature.
5. Involuntary Intoxication
This defense claims that the defendant was under the influence of a drug or intoxicated at the time of the crime and unable to distinguish right from wrong. Thus, this defense provides relief to some extent. In some conditions, this may work if proven that the intoxication was forced or unintentional.
6. Voluntary Intoxication
This type of defense may not stand tall in several cases. However, it can be useful in cases that demand the intention of the defendant. So the attorney can still prove that despite being drunk or drugged, the defendant had no intent to commit the crime.
This is a good defense raised in situations where the defendant initially showed interest in the crime but withdrew before it took place. The defense lawyer will prove that his client successfully abandoned the plan or did not participate in the crime; hence he did not help accomplish the task.
These defenses have been proven useful and adopted by several lawyers. A professional and skilled lawyer understands the significance of these defenses and uses them ideally to win the case.