Common Defenses a Criminal Defense Attorney Might Use
There are a few defences that you might hear tossed around if you go to a criminal defence attorney for your case. There are options to get a shortened sentence, or even get your sentence revoked entirely, even though you are definitely guilty of the crime in question. In these defences, the response lies. View us on Boston Law Network’s choice for a Boston criminal defense attorney.
Often, proving the prosecution’s testimony is incorrect is the only way to strike down the lawsuit. This does not, however, function if the proof is, in fact, valid. Affirmative defences go with the idea that the evidence is accurate, at least some of it. The lawyer will try to find his or her own evidence to prove that the defendant could not have been the guilty party, instead of trying to combat the evidence. An example of this would be a case where the defendant could create a strong alibi that positions him when the crime took place somewhere other than the scene of the crime.
Many individuals have probably heard of trials on TV shows that were denied because the defendant pled insanity. Although this is a common thing to portray on the television, however, it doesn’t happen as much as you would think in court. You must be able to show that you committed the crime in order to use this technique, but madness made it so that you did not realise what you did was wrong.
This can only be used by a criminal defence attorney if there is true proof that the defendant has a significant psychiatric illness, and that at the time of the offence the illness was in effect. This will include information that is medical and psychological. The danger here, though, is that if the court dismisses the insanity plea, you will be found guilty of the crime, so you are actually saying yes, you have committed the crime.
A prosecutor will also attempt to prove that you were coerced to commit the crime you committed. The use of unlawful force or the threat of unlawful force, such as if someone threatens you that if you do not do anything, your children will be injured, may be grounds for a less severe punishment after a crime. However, the lawyer needs to be confident that the careless behaviour did not place you in a position where this danger came to be in order to use this tactic. For example, if you are threatened by someone with whom you have been doing unscrupulous business deals, then the judge may not accept the plea of coercion.
Withdrawal and Abandonment
Your criminal defence attorney may take the abandonment and withdrawal approach if you are facing the allegation of being an accomplice. This attempts to show that you wanted to commit or assist with the crime, but only chose at the last minute to avoid your involvement. To use this strategy, you have to be able to prove that you have abandoned your plans. AlsoHealth Fitness Posts, before removal from the plans, your actions should not be guilty in any way of using this technique.