When a person is accused of committing a crime, they have the right to defend themselves against the charges brought against them. Criminal defense justification refers to the various legal arguments and strategies that a defendant can use to prove their innocence or mitigate the charges against them.
Criminal Defense Justification
A criminal may or may not want the crime to happen. Most of the time, crimes are planned, but there are also incidents where the crime occurred unexpectedly. Whatever the reason is, a criminal must take account of his actions and need a criminal defense attorney from The Draper Law Firm to defend him in court.
However, some individuals are not aware of their rights in court and that even criminals can protect themselves. They can be acquitted of becoming guilty due to some reasons. In this article, we will discuss the common criminal defense justification that you need to understand. In case you or one of your loved ones was accused of criminal defense, this article will be helpful. Here are some common criminal defense justifications that you should understand.
These are the most common types of criminal defense justification we seen from our detroit law firms that one can defend to get acquitted of a crime:
The Power of Self-Defense: How to Prove You Acted to Protect Yourself or Others
Since some crimes are not intended, self-defense is the general appeal of a criminal. Some also use the defense of other people. Not all crimes are planned, some are just a result of defending one's life or the life of others- may be a loved one or some civilians.
For example, a group of robbers entered a house of the defender and threatened everyone’s life. Then the defender has a licensed gun and shoots a robber because he was attacking the defender’s loved ones with a weapon. That robber was declared dead by the authorities, so the defender committed a murder. In court, he can appeal that the crime was just self-defense or defense of others.
Navigating the Duress Defense: When Coercion Can Be Used as a Criminal Defense
Another ordinary appeal is the defense of duress. This is where the defender committed the crime forcedly because of life being threatened by another person.
For example, the defender was forced to do shoplifting and get caught. He was forced to do it because his co-defendant is blackmailing him that if he does not do- something worse will happen. This commonly happens to teenagers and co-workers so if you are into this kind of defense, better call an attorney right away.
When Breaking the Law Is Necessary: An Overview of the Necessity Defense
It is a kind of case where the defendant does the crime to prevent a bigger crime that may harm a lot of people or do huge damages.
For example, the defendant has to penetrate a secured facility to stop a bombing threat. So he gets caught by the authorities but the bombing threat was prevented, and the place was secured. However, due to this incident, the defender is still unauthorized inside the facility, so he needs to defend it on the court. This usually happens to people who are in secret services.
Understanding the Insanity Defense: How It Works and When It Can Be Used
The insanity defense is used when the defendant is unable to understand the nature and consequences of their actions due to mental illness or defect. The defendant must prove that they did not have the capacity to understand the wrongfulness of their actions at the time of the crime. This defense is rare and difficult to prove.
Mistaken of Fact: How a Mistake of Fact Can Be Used as a Criminal Defense
The mistake of fact defense is used when the defendant had a mistaken belief about a fact that led them to commit the crime. For example, a person might accidentally take someone else's car, believing it was their own. The mistake must be a reasonable one, and the defendant must prove that they would not have committed the crime if they had known the truth.
Entrapment: When Law Enforcement Goes Too Far
The entrapment defense is used when law enforcement officials induce a person to commit a crime that they would not have committed otherwise. The defendant must prove that they were coerced into committing the crime and that they would not have done so without the inducement.
The Statute of Limitations: How Time Can Be Used as a Criminal Defense
The statute of limitations defense is used when the prosecution brings charges after the time limit set by law has expired. The defendant must prove that the charges are barred by the statute of limitations.
Alibi: The Importance of Providing Evidence to Support Your Whereabouts
The alibi defense is used when the defendant can prove that they were not at the scene of the crime at the time it was committed. This defense requires the defendant to have evidence, such as witnesses or records, to support their claim.
Lack of Evidence: Understanding the Burden of Proof in Criminal Cases
The lack of evidence defense is used when the prosecution cannot prove the defendant's guilt beyond a reasonable doubt. The defendant does not need to present any evidence but must convince the jury that there is not enough evidence to support a guilty verdict.
Hiring a reliable criminal defense attorney.
Justifying the crime committed is not easy, you need an attorney to do so especially if the opposition is insisting on the offense. Since the case will go against you, make sure to be consistent in your testimonies and always ask your lawyer in the appeal that you are planning. Whether it is self-defense, defense of duress, or necessity defense, contact a criminal defense attorney to help you get acquitted of the crime.
In conclusion, criminal defense justification is an essential part of the criminal justice system. If you are facing criminal charges, it is essential to understand the various defenses that are available to you. A criminal defense attorney can help you choose the best defense strategy for your case and guide you through the legal process. Remember, the burden of proof is on the prosecution, and you are innocent until proven guilty beyond a reasonable doubt.