Common defenses argued in criminal cases

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When it comes to the law, a lot of people assume it comes down to right and wrong. If you committed a crime then you must pay the consequences, which can involve fines, court hearings, jail time, probation, and other consequences. However, the law is a lot more nuanced, and sometimes criminal cases have made the courts aware of inconsistencies or interpretations in the law. For example, you may have been arrested,

On the other hand, there are a number of defenses that are used to help people in serious situations where they may face serious consequences when they don’t deserve them. This is when you need a successful criminal defense attorney with experience defending people and going against aggressive prosecutors. Read on to learn more about the common defenses argued in criminal cases.

Types of Criminal Defense

There are four types of criminal defense:

  • Alibi
  • Excuse
  • Justification
  • Procedural

Each of the common types of defenses argued in criminal cases will fall into one of these categories. An example of a procedural defense is when a defendant contests the way an officer conducted a stop or exam in a way that is inconsistent with the training and may have yielded inaccurate results. Excuse, as we will see later, is a type of defense that is meant to explain a culpable action, but does not justify the defendant having carried it out. An example of excuse criminal defense is the insanity plea.

Let’s take a look at some more specific ways that criminal defenses are used.

Defending Personal Property or Self

The owner of property may use reasonable force to protect one’s personal property or physical being from destruction or the threat of destruction or harm. You must be under a reasonable threat or fear of immediate death or danger, and believe there is no way out of your situation without the use of force in order to use this defense.

Mental Incapacity

The first part of using this defense is to establish legal competency or determine that the individual is competent to stand trial. If the defendant cannot rationally communicate with or comprehend what their attorney is saying, then their attorney may make a defense plea on the basis of insanity.

What Makes A Great Defense Attorney

Being charged with a crime, and especially being convicted, can have long-term impacts on your employment, education, family, and other areas of your life. No two cases are ever the same, and even if a case seems cut-and-dry at first, you want an experienced lawyer to give you a professional consultation. In fact, you may find that some prosecutors have switched fields within the law profession, such as criminal defense lawyer Julian Stroleny, and have experience as prosecutors. This can be a huge advantage to you as the client because your attorney will be better able to anticipate what prosecutors will try to use against you in your case, and how to craft the best argument to defend you.



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