The Importance of Developing a Defense Strategy in Long Island Criminal Cases

The Importance of Developing a Defense Strategy in Long Island Criminal Cases

Facing criminal charges can be an incredibly stressful and frightening experience. The prospect of losing your freedom, reputation, and finances is enough to keep anyone up at night. That’s why it’s absolutely critical to work with an experienced Long Island criminal defense attorney to develop a strong defense strategy tailored to the facts of your case.

Where You Are Charged Matters

Long Island is home to two separate court systems – Nassau County and Suffolk County. The prosecutors, judges, and even potential jury pools vary between the two jurisdictions. An attorney familiar with the nuances of each county will be better positioned to build an effective defense. For example, Suffolk County juries tend to be more conservative than their Nassau counterparts. A defense strategy would likely emphasize different themes in trial depending on the county where charges are brought.

Understanding the Elements of the Alleged Crime

The first key component in developing a defense is thoroughly analyzing the statutory elements of the crime you are charged with. Does the prosecution have sufficient evidence to establish each element beyond a reasonable doubt? This involves critically assessing the proof and searching for factual weaknesses, inconsistencies or legal flaws in the charges.

An experienced Long Island criminal lawyer will research the current state of the law on the particular offense and identify where courts have set limitations. For instance, New York courts have held that a defendant cannot be convicted of trespassing unless there is proof they knew or should have known they were not licensed or privileged to enter the property. If the facts suggest there was ambiguity about permission to be on the premises, this provides fertile ground to mount a defense.

Evaluating Possible Defenses

There are a wide variety of general defenses that may defeat some or all of the criminal charges, depending on the circumstances. Common defenses include:

• Mistake of fact – the defendant had an honest but mistaken belief in a state of facts which negate intent.
• Entrapment – law enforcement induced the defendant to commit an offense they were not otherwise predisposed commit.
• Mental disease or defect – at the time of the crime, the defendant suffered from a mental disease or defect that rendered them unable to appreciate the nature and consequences of their conduct.
• Justification defenses – the criminal conduct was legally warranted due to unusual circumstances, e.g. self-defense.
• Statute of Limitations – prosecution was untimely commenced beyond the prescribed statutory period.

An experienced defense lawyer will be able to assess which defenses are supported under the facts of the case and craft persuasive arguments why the charges should be dismissed or doubts remain about the defendant’s guilt.

Developing Case Themes & Trial Strategies

Beyond researching defenses, skilled criminal attorneys develop an overarching theme and theory of the case. This serves as a narrative backbone that pulls together various arguments and defenses into a cohesive story. The theory of defense puts the prosecution’s version of events in dispute and provides the jury an alternative lens to interpret the evidence.

For example, a theme may focus on mistaken accusation or the inability of witnesses to accurately perceive events. Or highlight how investigators failed to uncover key evidence or rushed to judgment. Thematic elements can be incorporated into opening and closing statements as well as witness examinations. Having a well-conceived defense theme promotes consistency and persuasiveness.

Effective trial strategy is dynamic and remains adaptable to new evidence and testimony as the case progresses. Skilled Long Island defense lawyers have a mastery of criminal law and procedure to respond to unexpected developments and adjust strategy accordingly. Identifying and filing appropriate pre-trial motions can profoundly shape the future course of proceedings in the client’s favor. Understanding critical deadlines, the discovery process, plea bargaining strategies, selecting experts, jury selection techniques and a myriad of other considerations are all part of mounting an aggressive defense.