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Types of Defenses Criminal Defense Lawyers Can Use

This attorney represents a client in court who has been charged with a crime ranging from a misdemeanour to a felony. Their client might face a fine, community service, years in prison, or perhaps the death penalty if convicted. A criminal defence lawyer’s job is to get their client acquitted or sentenced to the shortest possible time. Criminal defence lawyers might employ a variety of strategies to accomplish this. Do you want to learn more? Visit Stroleny Law, P.A.

Criminal defence that is affirmative

Some criminal defence lawyers will try to discredit the prosecution’s evidence by demonstrating that it is false. The lawyer and their client produce evidence in support of the defence in this case. If the defendant is charged with first-degree murder, for example, they may choose to produce an alibi witness. Someone who testifies that the defendant could not have committed the crime and provides them with an alibi for the time of the murder.

Defense of insanity

This is a defence that has gained popularity as a result of movies and television productions. Unfortunately, it is not a defence that is usually utilised or effective. When a criminal defence lawyer uses this defence, it means that their client committed the offence but had no idea it was wrong. To properly use this defence, the client must have had a significant defect or mental disorder at the time the offence was committed. Because the client is admitting to the crime, relying on this argument can be risky, since if the jury does not believe the client is insane, they can find you guilty and sentence you to a harsher penalty than if you had not utilised this argument.

Duress and coercion

This is an affirmative defence used by criminal defence lawyers to claim that their client was forced to do the crime as a result of unlawful force being used against them. It is not necessary for the force to occur. This type of defence can be satisfied simply by the threat. This threat does not necessarily have to be directed towards their client. It could be directed against another person, such as a family member. If their client’s reckless acts put them in the circumstances that generated duress, they cannot use this argument.