Four Major Criminal Law Defenses

When one person is alleged of a crime, they have to appear in court. Here the person who is charged is known as the defendant. For preventing a guilty decision defendant and defendant’s criminal attorney will likely create some criminal defense.

Generally, criminal defense is a tactical argument that challenges the validity and adequacy of the prosecution’s (is the party trying to prove criminal charges against you) evidence.

Lots of criminal law defenses do exist. Among all of them, there are four prominent. In the next portion, I will write about four dominant criminal law defenses at first, and then I will mention some others.

Affirmative Criminal Defense

In affirmative criminal defense, the alleged person admits guilt to committing the crime. But he and his criminal defense lawyer use an affirmation defense to justify the conduct of the defendant.

Some common affirmative criminal defenses are- mental illness, self-defense, the mistake of fact, intoxication, entrapment, etc. If the defendant becomes successful in offering justification for his action, then his legal liability becomes limited or wholly pardoned.

There usually are three categories of affirmative defenses. They are- justification defense, excuse defense, alibi affirmative defense.

• Justification Defense

Justification defense tries to justify the crime by saying that though the defendant did the crime, there were enough reasons to do that. Most of the time by showing that defendants acted in self-defense, criminal defense lawyers do justification defense.

• Excuse Defense

It tries to justify the crime with an excuse. Excuse defense includes insanity, duress, intoxication. In excuse defense, they say that the defendant did the crime, but because of his mental illness, he was unable to control himself, and he should be excused.

• Alibi Affirmative Defense

In this defense, the defendant maintains his complete lack of involvement with the case. It is probably best among these three.

Coercion & Duress

It is another kind of defense, and some people consider it another kind of affirmative criminal defense.

It says that you did the crime because, at that time, you were threatened with unlawful force. Such kinds of illegal power need not occur. Just the threat of illicit force is enough for coercion defense.

The threat is not mandatory to be threatened against the accused person; it can be against any other person such as-family members.

The coercion and duress defense cannot be summoned if your reckless action puts you in the situation.

Abandonment and Withdrawal

It is also a criminal law defense which is handy for the accused person. It is also known as ‘renunciation.’

It says that you were going to involve in the crime but then decided not to commit. You abandoned the crime.

Technically it is also affirmative criminal defense. You and your criminal defense lawyer have to provide evidence for proving abandonment.

Procedural Errors

This defense works with issues of how your actual arrest and court proceedings were done. There are some rules which must be followed at the time of arrest, detention, bringing in the trial.

If a mistake was made anywhere, it could justify your charges discharged.

Other Criminal Defenses

There are many different criminal law defenses. Some are followings-

Consent

Here the defendant agrees that he did the crime but with the permission of the victim.

Intoxication

Intoxication not necessarily always will clear you, but it can negate an element of a crime.

Conclusion

Which criminal defense is appropriate for you is dependent on the nature of the crime you are alleged of and the evidence you do have at your disposal.

In any criminal proceedings, your future well being is related. So it is suggested to choose criminal law defense with caution.

You can click here to find more resources about major criminal law defense.

  Modified On Nov-16-2019 02:14:06 AM

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