Common Legal Defenses Used by DC Criminal Defense Attorneys

Common Legal Defenses Used by DC Criminal Defense Attorneys

If you’ve been charged with a crime in Washington, DC, the first thing you’ll want to do is hire an experienced criminal defense attorney. A good lawyer can analyze the facts of your case and identify any viable legal defenses that could get your charges reduced or even dismissed. Here are some of the most common legal defenses used by DC criminal defense attorneys.

Not Guilty/General Denial

One of the most basic criminal defenses is to simply plead “not guilty” and argue general innocence. Your attorney may argue that the prosecution lacks sufficient evidence to prove your guilt beyond a reasonable doubt. Or they may claim you have an alibi or were misidentified. This puts the burden on the prosecution to prove every element of the alleged crime.

Self-Defense

If you acted in self-defense against an aggressor, this may provide a complete defense to assault, battery, or homicide charges in DC. Your lawyer can argue you used appropriate force to protect yourself or others from harm. However, the force must be proportional to the threat – you can’t claim self-defense if you used excessive force.

Insanity Defense

The insanity defense argues that mental illness prevented you from understanding the wrongfulness of your actions. To use this defense in DC, your lawyer must show you suffered from a mental disease or defect that substantially impaired your ability to: 1) appreciate the wrongfulness of your conduct, or 2) conform your conduct to the law .

Duress/Coercion

This defense claims you only broke the law because you were coerced or threatened. Your attorney argues you had no choice but to commit the crime due to an immediate threat of death or serious bodily harm against you or a loved one. However, the threat can’t be one you helped cause or could have reasonably avoided.

Necessity

The necessity defense argues you only broke the law to prevent an imminent harm that outweighed the harm caused by the crime. For example, trespassing to take shelter in a storm, or stealing food if starving. This is a limited defense that applies only for dire emergencies where no legal alternatives existed.

Entrapment

This argues that police induced or persuaded you to commit a crime you otherwise wouldn’t have. Your lawyer must show police used coercive tactics that would cause a normally law-abiding person to commit the offense. Simply providing an opportunity to commit a crime is not entrapment.

Statute of Limitations

In DC, prosecutors have strict deadlines to file charges based on the type of crime . If charges are brought after the statute of limitations expires, your attorney can file to dismiss the case. Time limits range from 3 years for misdemeanors to 15 years for serious felonies.

Illegal Search/Seizure

If police violated your 4th Amendment rights by conducting an illegal search or seizure, any evidence obtained may be suppressed. This could cause charges to be dismissed if the remaining evidence is insufficient. However, police do have significant exceptions that allow warrantless searches in many cases.

Miranda Rights Violation

If police interrogate you without first reading you your Miranda rights, your lawyer can argue to suppress any incriminating statements you made. However, Miranda only applies if you were in police custody and subject to interrogation when questioned.

Invalid/Incorrect Charges

Prosecutors sometimes overcharge a case by alleging crimes that don’t fit the facts. A DC criminal defense lawyer can argue to get charges dismissed or reduced when the charges are invalid or excessive based on the actual circumstances.

Intoxication

Voluntary intoxication is not a complete defense in DC, but your lawyer may be able to use it to negate the intent required for a specific-intent crime like theft. The argument is that you were too impaired to form the requisite criminal intent.

Alibi

An alibi defense claims you couldn’t have committed the crime because you weren’t at the scene. Your attorney presents evidence like records, receipts, photos or witness statements to prove you were somewhere else at the time.

Mistake of Fact

This argues you had a reasonable mistaken belief about a material fact that negates your criminal intent. For example, mistakenly believing the person you assaulted had a gun. It only applies to honest mistakes, not willful ignorance.

Identification Issues

Eyewitness misidentification is a common cause of wrongful convictions. Your lawyer may argue the witness memory is unreliable, police used suggestive ID procedures, or you were simply misidentified as the perpetrator.