Common Defenses used to avert Criminal Charges
When accused or charged of a criminal offense, it is normal to feel anxious or alarmed, despite being completely above suspicion. Criminal charges have serious consequences, so do not take them lightly under any circumstance. No matter how minor or serious the crime in question, tackling the legal proceedings without a lawyer is a recipe for disaster; unless, of course the idea of developing a criminal record and the possibility of going to jail doesn’t bother you. West Michigan Criminal Defense Attorney elaborates a list of defenses that are frequently used in criminal court during trials for a range of offenses, including homicide, burglary, domestic violence, assault, and battery:
When a person is arrested for an alleged crime, their first instinct is to deny the accusation. Saying that you didn’t do it is the foremost form of defense, because you are lawfully innocent until proven guilty. Refrain from giving any additional statements and save the talk for your attorney. Keep your calm and do not allow yourself to be provoked when an officer of law enforcement interrogates you.
Benefit of the Doubt
By law, the prosecutor is required to prove your guilt beyond a reasonable doubt, in order to establish grounds for conviction. Therefore, you can sit back and enjoy the show until any form of valid evidence is brought forward. Your defendant shall try to raise one or more reasonable doubts to defy the allegation; if he/she succeeds, there’s a fair chance that charges will be dropped.
Present an Alibi
When the prosecutor builds a case that surpasses a reasonable doubt, overthrow them by presenting a solid alibi. When you prove your absence at the crime scene at the time the crime took place, the prosecution’s allegations won’t hold. You must provide real evidence to show that you were at a completely different location at the time.
Some crimes are committed for the sake of one’s security and shall be justified if the alleged offender did not have a choice. You have to exhibit yourself as the victim in the situation and depict your opponent as the ‘bad guy’. However, a self-defense claim will only protect you if your actions were reasonable and did not cause unnecessary damage.
Path of Insanity
Defense of insanity is quite difficult to use, so it is rarely applied in real life. If an unstable mental condition is genuinely relatable to your case, the court or jury cannot send you to prison. Nonetheless, an incapacitated mind will not buy you a ticket to freedom; you will go to a mental asylum or psychiatric care facility instead.
Under the Influence
Many people indulge in crime under the influence of drugs or alcohol. Regardless of impaired senses, your wrong doings cannot be entirely excused, especially with DUI/DWI charges. At most, you will receive partial concession or be charged for a lesser crime. However, you shall be considered entirely innocent if the intoxicating substance was introduced into your system without your consent or knowledge.
Duress or Entrapment
If you broke the law unwillingly under pressure, you shall not be held accountable for your actions; the person/party that intimidated or threatened you must pay for the damage. An entrapment defense is effective if a government official persuaded you to do something illegal by force. For example, supplying drugs on the instructions of an authoritative figure shall only be forgiven on the condition that your indisposition is proved. If you had the choice to say ‘no’ or were incriminated for drug crimes before, the charges will sustain.