Types of Legal Defenses in Criminal Law

Types of Legal Defenses in Criminal Law

Why Your Defense Attorney Is Important When Facing Criminal Charges

When you’ve been accused of a crime, you are understandably concerned about the type of legal defense that can be used by your attorney to defend you. After all, this is an important juncture in your life, and you want the best defense possible. In the following, we will explore the different types of perfected defense tactics commonly used by experienced attorneys in defending a client.

Travis Law: When Facing Criminal Charges

When you are facing a trial because of criminal charges, you need a hard-working lawyer with high legal acumen, perseverance, a good ability to communicate and the desire to win. You find it when you contact the Travis Law Firm at (814) 277-2222. We work hard to defend your rights and help you in your time of need. Call us today for a free review of your case whether you are in Erie, Crawford, Warren, McKean, Forest or another county.

First of All, What Is Criminal Defense?

When someone is facing a criminal charge, the prosecutor has to prove the charges that the individual committed a certain crime are true beyond a reasonable doubt. In other words, the prosecutor has to prove every element. The defense attorney uses their legal acumen to challenge the evidence’s validity, so the prosecutor’s argument isn’t strong enough to obtain a conviction.

Defenses to Criminal Charges

There are a number of different defenses that may be employed by the attorney representing the client in a trial. Common arguments include:

  • The defendant’s constitutional rights were violated when the evidence was collected such as illegal search and seizure.
  • The prosecution’s case has holes in it.
  • The cause of the crime was due to the defendant’s mental incapacity or illness. This defense isn’t used often because the defendant often has to admit to committing the crime, and it can result in institutionalization.
  • There was a justifiable reason to commit the crime.
  • Someone else was guilty of committing the crime instead of the defendant. 
  • The defendant did not intend to commit the crime.
  • The defendant had an alibi for where they were when the crime was committed. However, the defendant must be able to prove where they were with receipts, phone records or testimony from someone else.
  • The action was committed in self-defense is a justification often used in cases involving murder or assault and battery.

An accomplished defense lawyer can often present evidence and facts to the prosecutor, so they can decide for themselves to dismiss the case before it goes to court. The Pew Research Center reports that 97 percent of all federal and state criminal charges never go to trial. In many cases, a plea deal is reached.

Travis Law Firm: Defending Your Rights

If you are facing criminal charges, it is important to have the assistance of a lawyer who will fight for you. Contact the Travis Law Firm by calling (814) 277-2222 as soon as possible, and we can schedule a free case review to find out how we can help. We can also be reached online.