Different Defenses Used By Criminal Defense Lawyers
Criminal defense lawyers are the ones who defend clients in court who has been charged with criminal activity that may range from felony to misdemeanor. If convicted, their client may pay hefty fine, serve years in prison, do a community service or even get a death penalty. It’s the job of the lawyer to either get their client the slightest sentence possible or acquitted. These lawyers are using several defenses in order to accomplish this feat.
Affirmative criminal defense – some defense lawyers will try to minimize the evidence of prosecution by showing it isn’t true. In this defense, the lawyer along with their clientele will have to produce evidence in support of defense. As an example, if the defendant is charged with a first degree murder meaning the client has planned the murder before it happened, they can provide an alibi witness. This is someone who will testify that the defendant couldn’t have committed such crime and gives them alibi for the time when the murder was committed.
Insanity defense – in this defense, it’s made popular by TV shows and movies. It’s a kind of defense that isn’t often used or successful, which is kind of unfortunate. When your criminal defense lawyer makes use of this defense, it states that their client didn’t commit the crime but did not know that what they did was wrong.
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In order to successfully use this defense, the client has to have serious mental illness or defect at the time when the crime was committed. It can be risky to depend on this defense as the client admits to the crime but if the jury doesn’t believe that the client is, then they might find the person guilty and hand down a harder sentence.
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Duress and coercion – as a matter of fact, this is an affirmative criminal defense lawyer stating that the client was just forced to do the crime only because they’re threatened with unlawful force. Actually, the force does not have to happen, only a threat is enough to satisfy this defense. This threat doesn’t need to be against the client as it can also be against someone else like a friend, family member etc. This defense couldn’t be invoked in case that the reckless action of the client is what put them in the situation that caused duress.
General defense – again, there are some general criminal defenses that are used widely by criminal lawyers like self defense, consent as well as status of limitations.
If ever you’re accused of something you didn’t do or perhaps have committed unlawful act, then it must be in your best interest to hire a lawyer.