Types of Defenses Criminal Defense Lawyers Can Use

This attorney defends his client in court who is accused of criminal activity that can range from a misdemeanor to a felony. If convicted, their client can pay a fine, perform community service, spend years in prison, or even receive the death penalty. The job of a criminal defense attorney is to either acquit his client or give him the lightest possible sentence. To achieve this, a criminal defense attorney can use several defenses.

Positive criminal defense

Some criminal defense attorneys will attempt to diminish the prosecution’s evidence by showing that it is incorrect. In this defense, the attorney and his client present evidence in support of the defence. For example, if the defendant is accused of first-degree murder, which means the client planned the murder before, he may choose to present a pardon witness. This is the person who certifies that the defendant could not have committed the crime and gives them an excuse for when the crime was committed.

madness defense

This defense has been popularized by movies and TV shows. Unfortunately, it is a defense that is not used frequently or often with success. When criminal defense attorneys use this defense, they are stating that their client committed the crime but does not know that what they did was wrong. To successfully use this defense, the client would need to have a serious defect or mental illness at the time the offense was committed. Relying on this defense can be risky because the client admits to the crime but if the jury does not believe the client is insane, it can find the client guilty and hand a verdict that is even tougher than he would have if he had not. Use this defense.

coercion and coercion

Criminal defense attorneys used this assertion that their client was forced to commit the crime because of his threat of unlawful force. Force doesn’t have to happen in reality.. just a threat can be enough to satisfy this form of defense. This threat does not have to be against their customers. It can be against another person such as a family member. This defense cannot be invoked if their clients’ reckless actions put them in a coercive situation.

General Criminal Defenses

Self-defense – this states that the actions of their clients will be considered criminal if the act is not necessary to defend themselves

• Status of Limitations – This occurs when criminal defense attorneys state that the period of time within which the prosecution must charge their client with the crime has elapsed, so the charges must be dropped.

• Consent – you acknowledge that you committed the crime but the victim agreed to it.