A criminal defense is one that challenges the allegations levied against a defendant. It is a legal strategy that seeks to undermine the prosecution’s case. Some defenses assert that the defendant is innocent of the criminal charges because he or she did not commit the crime. Other defenses assert that the defendant may have committed the acts associated with the crime, but it was not really a crime because it was legally justified. The type of defense raised will depend on the charges brought against the defendant as well as the specific facts and circumstances of the case.
Common Defenses to Criminal Charges
In a criminal case, the prosecution carries the burden of proving that the defendant is guilty beyond a reasonable doubt. The defendant is innocent until the prosecution proves every element of the crime beyond a reasonable doubt. While the prosecution carries the burden of proof in a criminal case, common criminal defense strategies mean that the defense team will offer evidence to support the defendant’s innocence and that undermines the prosecution’s case against him or her.
In an effort to undermine the prosecution’s case, a common defense strategy is to have evidence thrown out on the basis that it was gathered in violation of the defendant’s constitutional rights. A constitutional violation may involve an illegal search and seizure of a defendant’s home, car, or person. In the alternative, law enforcement may have failed to obtain a warrant for entry or failed to read the defendant his or her Miranda Rights upon arrest. These types of violations of a defendant’s constitutional rights may lead to critical evidence in the prosecution’s case being thrown out, or the entire case is thrown out.
Presenting an alibi defense is also common in criminal cases. The defendant asserts that he or she could not have committed the crime because he or she was not at the scene of the crime. To support this proposition, the defense provides evidence in the form of things like witness testimony, security camera footage, and other records that would show the defendant was somewhere other than the crime scene.
In cases of violent crimes, such as assault and battery, it is common for the defendant to assert self-defense or defense of others. These defenses proffer that while the defendant may have committed an act of violence, it was legally justified because it was necessary to respond to violence or threat of violence to the defendant or to someone else.
Criminal Defense Attorneys
Finding yourself up against a criminal charge is not the end. It is the beginning of a chance to be exonerated from all charges. Do not stand idly back as charges brought against you turn into a criminal conviction. Dickman Law Office is prepared to mount the strongest possible criminal defense on your behalf. You can trust us to zealously advocate on your behalf. Contact us today.
Posted in: Criminal Defense