Criminal Defense Strategy
If you have been accused of a crime, you will have to appear in court. The accused in this situation is known as the defendant. As the defendant, we will want to establish a criminal defense to help prevent a guilty verdict. Below are examples of the various types of criminal defense.
NOTE: The examples below should not be taken as legal advice, they are to serve as definitions for educational purposes. If you have been accused of a crime, you should contact an attorney. Call 216-696-0900 to speak with an attorney at Zukerman, Lear & Murray Co., L.P.A.
Affirmative Criminal Defense
There are a number of types of defenses that accept some of the prosecution’s evidence as true. These defenses are often referred to as affirmative defenses.
Affirmative defenses require the defendant, along with his or her criminal attorney, produce evidence in support of the defense.
For example, say you have been charged with first-degree murder. First-degree murder is when you plan the murder beforehand. You and your attorney may choose to produce an alibi witness. An alibi witness is someone who testifies that you could not have committed the alleged crime. In this example, the alibi is the defense.
The type of defense that you and your attorney choose to pursue will depend, in part, on the crime you are accused of committing, as well as the evidence available to you.
Coercion and Duress
Coercion and duress is an affirmative criminal defense that says you were forced to commit a crime because you were threatened with unlawful force. This unlawful force does not have to actually occur. Merely the threat of unlawful force can be enough to satisfy the coercion defense.
The force or threat of force does not have to be threatened against the individual accused of the crime. Rather, it could have been used against or threatened against another individual, such as a family member.
The coercion and duress defense cannot be invoked if your reckless actions put you in the situation that caused duress. For example, if you were to take part in a drug deal, which then led you to become subjected to unlawful force that then led you to commit another crime, such as robbery, you would not be able to use this criminal defense successfully.
Abandonment and Withdrawal
Abandonment and withdrawal is another type of criminal defense available to defendants. This defense is also referred to as renunciation.
This defense states that you were going to commit a crime or be an accomplice to a crime but then decided to abandon any involvement. It is technically an affirmative defense, so you and your attorney must show evidence to prove abandonment occurred.
In addition, for the abandonment and withdrawal defense to be effective, your actions prior to withdrawing from the crime must not have in any way contributed to the crime, or you must have notified the police in advance of the crime.
Other Criminal Defenses
There are a number of other criminal defenses that a defendant can invoke which include the following:
This defense states that one’s actions, which otherwise would be considered criminal, were necessary in order to defend oneself.
This defense acknowledges that the defendant did commit some sort of action but also states that this act was consented to by the victim. An example of this defense is consent to bodily harm.
Although being intoxicated will not clear you of most crimes, it can in some situations negate an element of a crime.
Statute of Limitations
This defense states that the amount of time the prosecution has to bring charges against a defendant has passed, and therefore the charges must be dropped.
The Insanity Defense
This defense states that you committed the alleged crime but had did not know that what you did was wrong.
To successfully use the insanity defense, you must have had a severe mental disease or defect at the time the crime was committed. You and your attorney must present clear and convincing evidence that you have such a mental disease or defect and that this disease or defect resulted in your not understanding that your actions were wrong.
NOTE: The above content was pulled from Attorneys.com for reference only. Zukerman, Lear & Murray Co., L.P.A. do not claim to be the original author of the above content.