Important legal Defenses by Criminal Defense Lawyers To Set Their Clients Free
When a criminal defense lawyer represents a client, the lawyer uses legal avenues to defend the client. There are many avenues, including poking holes in the prosecution’s case. Such as the violation of the defendant’s constitutional rights when collecting evidence and that the defendant did not commit the crime. The criminal defense lawyer uses the criminal defenses within the law to defend the defendant.
The prosecutor has to prove that the accused is guilty of the crime beyond a reasonable doubt. The criminal defense lawyer may use the various criminal defenses available to protect their client.
Consent Defense
The criminal defense lawyer may argue that the defendant did not commit any crime based on the defense of consent though they did get involved in the act. For example, for a couple, if one partner accuses the other of rape, they may argue that the action took place, but there was consent. The mere act of committing a crime does not mean that one has committed a crime. For example, a sexual act does not necessarily mean rape; the people involved could be of age, and there was consent.
Withdrawal Defense
A criminal defense lawyer from Tad Nelson & Associates in Galveston may defend their client because they had planned to participate in a crime but later withdrew and did not commit the crime. The criminal lawyer should prove that the defendant’s actions did not assist in executing the offense.
Self-defense
Self-defense gives you the right to protect yourself from harm by the use of sufficient force or violence. However, the question arises of how much is adequate energy or violence. Self-defense is justifiable if a defendant applied it to the immediate threat. The use of force in self-defense loses its power when the threats are no longer viable. The measure of self-defense is whether a reasonable person would act the same way in the same situation. It’s, therefore, to be considerate when in self-defense. Remember, you must retreat if you have a chance.
Duress Defense
The criminal defense lawyer has to prove coercion that a party forced the defendant to commit something against their will and judgment. For example, People threatening you with dire consequences if you do not join their criminal gangs.
Mistake of Facts Defense
A defendant may not understand the facts about a particular situation and find themselves on the wrong side of the law. For example, someone may take a friend’s bicycle thinking that they intended to give it to them, but later, the neighbour accuses the defendant of theft.
Involuntary Intoxication
If someone takes food or a drink that is spiked or laced without their knowledge and becomes intoxicated, and in that situation, they commit a crime, then it serves as a lack of intent defense.
Insanity defense
A criminal defense lawyer should prove beyond doubt that the defendant had a severe mental condition when committing the crime. However, lawyers rarely use the defense since the defendant has to admit that he committed the crime. Unfortunately, if there is no evidence that the defendant was insane, it would be too late for the defendant to revert.
Alibi Defense
Involves the defendant proving the defense that they were somewhere else at the time of the crime. The evidence may include CCTV footage, phone records, valid hotel receipts, or other needful evidence.
Necessity Defense
Criminal defense justifies criminal conduct to prevent a substantially greater criminal offense, whether it’s physical or moral damage.
Conclusion
While it’s the work of the prosecutor to prove beyond any reasonable doubt that the defendant is guilty as charged, on the other hand, the criminal defense lawyer, in collaboration with their client, should represent their clients against the charges presented. The defense lawyer will use all the defense avenues possible to defend their client.
