If you’re currently facing criminal charges, you could be subject to serious penalties (which can include jail time and expensive fines). Not to mention, the long-term consequences of having a criminal record. Before you’re ready for the courtroom, you need to have a defense strategy that you can use against the prosecutor. The most common criminal defense strategies fall under two main categories. Either you weren’t involved in the crime, or you shouldn’t be held responsible because of some additional circumstances.
Here are some common defense strategies that can be used in criminal cases.
#1: There’s No Proof That You Committed the Crime
You’re innocent until you’re proven guilty, which puts the burden of proof on the prosecution. They have to prove your guilt beyond a reasonable doubt. And if your criminal defense attorney can prove that you weren’t involved in the crime, you’ll be acquitted. No matter what type of evidence the prosecution presents in court, you need to find a way to discredit them by poking holes in their story.
#2: You Have an Alibi
An alibi is any evidence that shows a judge that you weren’t there when the crime was committed, which can be used in your favor. If you prove that you couldn’t be at the crime scene when it was committed, there’s no way that you can be found guilty.
#3: You Acted in Self-Defense
If law enforcement officers found that a large group of people was involved in an assault or any activity that resulted in dangerous physical contact, they have to decide who will be charged and who will be let go. But because these kinds of cases can be confusing, they may not know how the altercation started. If you were involved in an assault because of self-defense, the court could mistake it as an act of aggression (which could result in a criminal charge). Your criminal defense attorney will have to prove that you had a physical altercation because you felt like you were in imminent danger.
Law enforcement officers can mistake consensual activities as a crime, which can result in a charge. And while consent can be used as a criminal defense strategy in some cases, it doesn’t always play an important role in getting an acquittal.
This type of defense strategy may be used if you can prove it to a judge. The legal definition of insanity is when someone has “the inability to distinguish right from wrong,” but proving it in court is harder than you think. You need to present evidence from a psychiatrist of healthcare professional to prove that your action were the result of insanity, and you could face rehabilitation instead of treatment. So, an insanity plea won’t mean that you found the proverbial golden ticket.
#6: You Were Under the Influence
This type of defense strategy won’t work in a DUI case, but it could be used in a similar way to an insanity plea for other types of charges. If you committed a crime while you were under the influence of drugs or alcohol and can prove that you weren’t in the proper mental state, you could reduce your charges and get a lighter sentence. However, you shouldn’t rely on this defense for an acquittal.
Law enforcement officers will often go undercover to find people who commit crimes, but they may go too far so they can make an arrest. This tactic can backfire if the entrapment defense is used. It’s the act of coercing someone to commit a crime, which can be done to force an arrest. If a law enforcement officer forces someone to sell a controlled substance, this person may not be convicted on the grounds of entrapment.
The Best Criminal Defense Attorneys in the Coastal Bend!
You can try to come up with a criminal defense strategy on your own, but there may be some part of your case that can be used to your advantage. Gale Law Group has a team of criminal defense attorneys who can help you in court. We’ll look at every part of your case, and we’ll come up with a strategy that will give you the best chance for acquittal. That’s why we’re one of the best criminal defense attorneys in the Coastal Bend.
If you want to work with a criminal defense attorney in Corpus Christi, TX that can get the job done right, get in touch with us today!
Check out our criminal defense page for more.