How Lawyers Defend Violent Crimes: FAQ

How Lawyers Defend Violent Crimes: FAQ

Defending someone accused of a violent crime can be challenging, but criminal defense attorneys have strategies to build the strongest possible defense. This FAQ covers common questions about how lawyers defend violent crime cases.

What are some typical violent crimes?

Some of the most common violent crimes that defense lawyers see include:

• Murder or manslaughter
• Assault or battery
• Domestic violence
• Robbery
• Rape or sexual assault
• Kidnapping

Defending violent crimes requires experience and skill, since the stakes are so high for clients.

How do lawyers investigate violent crime charges?

Thorough investigation is crucial in any criminal defense case. For violent crimes, lawyers may:

• Interview witnesses to understand different accounts of what happened
• Visit the crime scene to look for evidence
• Review police reports and other documents
• Hire private investigators or forensic experts
• Research the background and reputation of the victim

Finding inconsistencies or gaps in the prosecution’s case is key. Defense lawyers aim to raise reasonable doubt.

What legal defenses work for violent crimes?

Some possible legal defenses for violent crimes include:

• Self-defense – Arguing the defendant used reasonable force to protect themselves from harm[1]
• Insanity – The defendant was unable to understand right from wrong or control their actions[2]
• Mistaken identity – Questioning if the defendant is the actual perpetrator
• False accusations – Making the case the charges are fabricated for some reason
• Provocation – Allegations the victim provoked the violent response[3]

An experienced lawyer will evaluate which defenses could apply based on the facts.

Do lawyers try to get charges reduced?

Yes, lawyers routinely negotiate with prosecutors to get charges reduced or dropped. For example, a murder charge might get reduced to manslaughter. Or assault with a deadly weapon could become simple assault. Lesser charges likely lead to lighter sentences. But it depends on the strength of the evidence and other factors.

How do lawyers work to avoid mandatory minimum sentences?

Mandatory minimums are required sentences for certain crimes. But there may be ways to avoid them, like:

• Securing a plea deal to lesser charges without mandatory minimums
• Providing evidence of mitigating circumstances
• Filing constitutional challenges to mandatory sentences[4]

An experienced criminal defense lawyer will know all the options to try to avoid harsh mandatory minimum sentences.

What kinds of plea deals do prosecutors offer?

Common plea bargains in violent crime cases include:

• Pleading guilty to a lesser included offense, like manslaughter instead of murder
• Agreeing to a sentencing recommendation, like 10 years instead of 20
• Providing testimony against an alleged co-defendant
• Participating in a rehabilitation program in exchange for dropped charges

An attorney can advise if a plea deal seems favorable compared to the potential consequences of going to trial.

Do lawyers defend clients they believe are guilty?

All defendants in the U.S. criminal justice system are presumed innocent and have the right to legal defense, even if they are guilty. Ethically, lawyers must provide the strongest defense possible regardless of guilt or innocence.

How can someone afford a violent crimes lawyer?

Legal fees for defending violent crimes can be expensive. But there are options like:

• Hiring a private lawyer who offers payment plans or discounts
• Borrowing money from family or friends
• Using a credit card or taking out a loan
• Tapping into home equity
• Applying for a public defender if qualified based on income[5]

Don’t take chances without an attorney – it’s important to find affordable representation.

What happens if someone can’t make bail?

If bail is set but not posted, the defendant remains in jail pending trial. A lawyer may file bail reduction motions arguing the bail amount is excessive. The lawyer can also advise the client on options like:

• Bail bonds
• Property or cash bail
• Using a bail bondsman

Remaining in jail makes building a defense more difficult, so lawyers work hard to try to get clients released pre-trial.

How soon after an arrest do you need a lawyer?

Retaining legal counsel as soon as possible after an arrest is ideal. Important steps like crime scene investigation, witness interviews, and evidence gathering happen quickly. An experienced lawyer can immediately start building the strongest defense.

What happens at a preliminary hearing?

After arrest, there is typically a preliminary hearing where the prosecution must show they have probable cause to proceed. Defense lawyers can argue there is not enough evidence and try to get charges dismissed at this stage.

How do lawyers prepare clients for trial?

Preparing a client to potentially testify includes:

• Reviewing the case and potential questions
• Conducting mock cross-examinations
• Discussing appropriate courtroom behavior and attire
• Advising them on their rights and what to expect

Lawyers also work to prepare all other witnesses and evidence for trial.

What happens in a criminal sentencing hearing?

At a sentencing hearing, the judge chooses the penalty based on factors like:

• Sentencing guidelines and mandatory minimums
• The jury’s sentence recommendation, if applicable
• Mitigating evidence presented by the defense
• The defendant’s criminal history

Lawyers advocate for the lightest sentence possible under the circumstances.

Can a lawyer help get an appeal Here is a 3000 word article in HTML format on how lawyers defend violent crimes:

How Lawyers Defend Violent Crimes: FAQ

Defending someone accused of a violent crime can be challenging, but criminal defense attorneys have strategies to build the strongest possible defense. This FAQ covers common questions about how lawyers defend violent crime cases.

What are some typical violent crimes?

Some of the most common violent crimes that defense lawyers see include:

• Murder or manslaughter
• Assault or battery
• Domestic violence
• Robbery
• Rape or sexual assault

Defending violent crimes requires understanding the specific elements prosecutors must prove, finding weaknesses in the evidence, and presenting mitigating circumstances.

How do lawyers investigate violent crime charges?

Thorough investigation is crucial in any criminal defense case. For violent crimes, lawyers may:

• Interview witnesses to find inconsistencies or holes in the prosecution’s case
• Visit the crime scene to assess the physical evidence
• Review police reports and procedures to identify issues like improper interrogation techniques or mishandling of evidence
• Hire expert witnesses to re-evaluate forensic evidence
• Dig into the background of alleged victims and witnesses to uncover bias, criminal history, or other credibility issues

Identifying problems with the prosecution’s physical evidence and witnesses can raise reasonable doubt about the defendant’s guilt.

What legal defenses work for violent crimes?

Some of the most common legal defenses for violent crimes include:

• Self-defense – Arguing the defendant used appropriate force to protect themselves from harm
• Insanity – The defendant was unable to understand right from wrong or control their actions
• Mistaken identity – Questioning if the defendant is the actual perpetrator
• False accusations – Demonstrating witnesses fabricated or exaggerated claims
• Provocation – Showing the victim provoked the violent response

The facts of each case determine which defenses apply. Lawyers also look for ways to get charges reduced to lesser offenses.

What about pre-trial motions and pleas?

Before trial, lawyers may file motions asking the judge to:

• Throw out illegally obtained evidence
• Suppress the defendant’s statement if improperly obtained
• Separate trial from codefendants who might be pointing fingers
• Change venue due to pretrial publicity bias

They may also negotiate plea bargains for reduced charges or sentencing leniency. But violent crimes often carry mandatory minimums, limiting options.

How do lawyers humanize violent crime defendants?

Part of the defense strategy involves presenting the defendant as more than just the crime itself. Lawyers may:

• Gather evidence about the defendant’s life story, good deeds, mental health issues, or traumatic experiences
• Have family, friends, employers, and clergy testify as character witnesses
• Commission psychosocial assessments to identify mitigating factors
• Highlight a defendant’s remorse and rehabilitation efforts

This can help juries see them as human beings deserving of empathy when deciding punishment.

What about appealing violent crime convictions?

After conviction, the work continues. Grounds for appeal may include:

• Violations of the defendant’s constitutional rights
• Prosecutorial misconduct
• Judicial errors regarding evidence or jury instructions
• Ineffective assistance of counsel
• New evidence establishing innocence

Appeals courts can overturn convictions or order new trials in cases with legal errors. Lawyers keep fighting for the best possible outcome.

What qualifications should a violent crimes lawyer have?

Look for a lawyer with:

• Extensive criminal trial experience and knowledge of criminal law/procedure
• Resources to conduct thorough investigations and hire experts
• A track record getting violent charges reduced or dismissed pre-trial
• Skill at crafting persuasive legal arguments and conducting tough cross-examinations
• Empathy and commitment to each client’s case

It’s crucial to have an aggressive lawyer willing to put in the hard work necessary to build the strongest violent crimes defense.

How much does it cost to hire a lawyer for a violent crime?

Cost varies based on factors like:

• Lawyer’s experience level and overhead costs
• Complexity of the case and need for expert witnesses
• Amount of investigation and preparation work required
• Whether it goes to trial vs a plea deal
• Appeals and post-conviction proceedings

Serious felonies often cost $25,000-$100,000+ in legal fees. But securing experienced counsel is critical.

Can someone be wrongfully convicted of a violent crime?

Yes, wrongful convictions happen, especially with violent crimes like rape and murder. Contributing factors may include:

• • • Tunnel vision by police and prosecutors – focusing on one suspect early on and ignoring other leads
    • Improper forensic science – flawed analysis of DNA, fingerprints, bite marks, etc.
    • False or coerced confessions – suspects confessing to crimes they did not commit due to police pressure
    • Jailhouse informants – inmates providing false testimony in exchange for leniency
    • Police and prosecutorial misconduct – suppressing exculpatory evidence, witness tampering, etc.
    • Inadequate legal defense – lawyers not properly investigating cases or preparing for trial
    • Racial bias – minorities being wrongly targeted as suspects based on stereotypes
    • Media publicity – pre-trial news coverage that taints the jury pool

Once convicted, it can be very difficult to get wrongful convictions overturned. Many innocent people spend decades in prison before new evidence finally exonerates them. Lawyers and advocacy groups continue working to identify and correct wrongful convictions.