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Common Defenses in Criminal Cases
|Last Updated on: 28th October 2023, 10:57 pm
Common Defenses in Criminal Cases
Being charged with a crime can be scary. The legal system is complicated, and the consequences of a conviction can seriously impact your life. But having an experienced criminal defense attorney on your side can help even the odds. Criminal cases allow for several common defenses that your lawyer may use to get charges reduced or dismissed. This article will walk through some of the most common criminal defenses, how they work, and when they apply.
Innocence
One of the most basic criminal defenses is simply that you didn’t commit the crime. Remember, the prosecution has the burden of proving every element of the charged offense beyond a reasonable doubt – so if they can’t do that, you must be found not guilty.To use an innocence defense, your attorney will poke holes in the prosecution’s case, challenge the credibility of witnesses, scrutinize the evidence, and argue that the state has failed to meet its burden. You as the defendant don’t have to prove anything. But you can choose to take the stand or present evidence to support your innocence claim.This defense works great when the prosecution’s case is weak. But even if they have strong evidence against you, your attorney can still try to establish reasonable doubt.
Mental State Defenses
For most crimes, the prosecution has to prove you had a certain mental state at the time of the offense. Common mental states include intentionally, knowingly, recklessly, and with criminal negligence.Your attorney can argue you lacked the required mental state for a charge. For example:
- You thought you had permission to enter the property, negating trespassing charges.
- You were unaware there were drugs in the package, fighting drug possession.
- You acted in an honest but unreasonable belief in self-defense, defeating a murder charge down to manslaughter.
When successful, these defenses get charges dismissed or reduced.
Insanity
If you had a severe mental disease or defect that prevented you from understanding your actions or knowing right from wrong, you may have an insanity defense.This is tough to prove – you’ll need testimony from psychologists showing you met the legal standard for insanity. But if successful, you’ll be found not guilty by reason of insanity.Instead of prison, you’ll likely be committed to a psychiatric facility for treatment. Each state has different rules on the burden and standard of proof for insanity.
Intoxication
You can’t avoid criminal liability just because you got drunk or high before committing a crime. But voluntary intoxication can negate intent for specific intent crimes, like theft or battery.If you were unable to form the intent required due to your intoxicated condition, this defense may defeat a specific intent charge down to a lesser general intent offense.Involuntary intoxication can provide a defense even to general intent crimes since you didn’t willingly become impaired.
Self-Defense
When charged with a violent crime like murder, assault, or battery, self-defense is a common defense. You admit to the violent act, but argue it was legally justified against the victim’s threatening actions.To succeed, you must show:
- You reasonably believed force was necessary to protect against the victim’s unlawful violence.
- The level of force you used was proportionate and reasonable.
Self-defense applies when you’re confronted with force in the moment. If you had time to avoid the confrontation or get help from police, self-defense likely won’t work.
Defense of Others
Similar to self-defense, you can use reasonable force to defend someone else from imminent unlawful harm.So if you hurt someone who was violently attacking your child or spouse, you may not be criminally liable. The same standards of reasonableness and proportionality apply.
Duress
When someone forces you to commit a crime against your will, you may have a duress defense. If you can show you only broke the law because someone threatened you, you may avoid liability.For example, the notorious Patty Hearst bank robbery case used a duress defense because Hearst claimed she was kidnapped and brainwashed.
Consent
Some crimes like battery, rape, kidnapping, and theft involve taking property or harming someone without their consent. But if the victim consented to your actions, you may not be criminally liable.Consent may be tough to prove if the victim says they didn’t agree. But evidence like emails, texts, witnesses, and conduct showing consent can support this defense.
Entrapment
Entrapment occurs when the police or government agents improperly convince you to commit a crime you otherwise wouldn’t have.If officers use harassment, threats, fraud, or other overbearing tactics to set you up, entrapment may provide a defense. But your predisposition matters – entrapment likely won’t work if you were already planning to commit the crime.
Statute of Limitations
Each crime has a deadline for prosecutors to file charges called a statute of limitations. In federal court, most felonies have a 5-year limit. State statutes of limitations vary by the type and severity of the offense.If the clock has expired, the charges must get dismissed. This defense completely avoids liability since the law prohibits prosecution after the time limit expires.
Illegal Search and Seizure
The Fourth Amendment requires police to have probable cause and a warrant to search you or your property. If they don’t, any evidence found may be excluded.Your attorney can file a suppression motion to keep out evidence from illegal searches. If the main evidence gets suppressed, the charges may have to be dropped.
Miranda Rights Violation
Before police can interrogate you after an arrest, they must read you your Miranda rights like the right to remain silent. If they don’t, your statements can’t be used by the prosecution.Like with illegal searches, your lawyer can file a motion to suppress your statements if police violated your Miranda rights. Kicking out a confession often devastates the prosecution’s case.
Double Jeopardy
The Fifth Amendment says no one can be prosecuted twice for the same crime. So if your first trial ends in an acquittal or conviction, double jeopardy prevents the state from charging you again.If the case gets dismissed on a technicality – like a hung jury or procedural error – double jeopardy usually doesn’t apply.
Improper Police Conduct
Sometimes police fabricate evidence, destroy exculpatory evidence, lie on the stand, or coerce false confessions.If your attorney uncovers egregious police misconduct, the case may get dismissed. Judges have discretion to sanction unconstitutional conduct by suppressing evidence or throwing out the case entirely.
Statutory Defenses
Many state statutes include specific defenses to crimes defined in the code. For example, many states make it lawful to break into a car to rescue a vulnerable person or pet.If a defense is written into the statute, the jury will be instructed to acquit if you prove the defense’s elements.
Alibi
An alibi defense asserts you couldn’t have committed the crime because you were somewhere else at the time. Alibis can provide strong evidence, but must be air-tight.If your alibi witness stumbles or gets discredited on cross-examination, it can seriously damage your defense. Corroborating evidence like receipts and records is extremely helpful.
Jury Nullification
Jury nullification occurs when a jury returns a “not guilty” verdict even though the prosecution technically proved the case beyond a reasonable doubt.Nullification is rare and usually happens when the jury feels the law or its application is unjust. While judges discourage nullification, juries in criminal cases have the power to acquit for any reason.So in summary, working with an experienced criminal defense attorney can help you understand whether any defenses apply to your case. The most common defenses include innocence, mental state defenses, intoxication, self-defense, consent, and technical statutory defenses. Thorough investigation and strategic negotiation by your lawyer may result in reduced or dismissed charges. Don’t lose hope – even the toughest cases can sometimes end with a not-guilty verdict.