A Guide to Criminal Defense.
In the criminal defense world a client can be charged with anything from a misdemeanor to a felony. Criminal defense is serious and the outcome can range from fines to the death penalty. The main job of a criminal defense lawyer is to get their client the lightest sentence possible or even acquitted. Accomplishing goals like these are hard but there are several types of defense a lawyer can use.
One option is the affirmative criminal defense. This type of defense minimizes the prosecutions options by proving that it’s simply not true. An example would be if a client is charged with murder they might use an alibi witness to prove he or she was somewhere else when the murder happened. This would show the defendant could not have committed the crime and gives them an alibi for the time and place the murder was committed. This shows that the defendant couldn’t have committed the murder because they have an alibi for their time and location.
The insanity defense is something that was made popular through its use in movies and television. The insanity defense is another type of defense that was made popular through its use in movies and television. In real life it’s not used as frequently, nor is it as successful. The insanity defense states that the client did commit the crime, but their mental state prevents them from being able to tell right from wrong. This defense only works if the defendant is shown to have a serious mental illness or defect when the crime was committed. The defense is risky because the client is admitting to the crime in front of the jury. If the jury finds the client to be in the right state of mind then the sentence they hand down could be harsher than if they had used a different defense.
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Coercion and distress is a defense lawyers might sometimes use that states their client was forced to commit a crime due to the use of unlawful force. The force itself does not actually have to happen. The threat is enough to satisfy the form of defense. The threat doesn’t have to be against the client. They could be against a friend or family member. Although, this type of defense can’t be used if the client is responsible for the events that put them in that danger.
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There are a few other types of criminal defense methods. Self defense states that their client and his or her actions would be considered criminal if the act wasn’t necessary to save their life or defend themselves.
Status of limitation is a defense that states the amount of time it takes for the prosecution to charge the client has elapsed so the charges must be dropped.
There’s also the defense of consent which acknowledges that you committed the crime but the victim consented to it.