Being charged with a crime can have a number of consequences (such as jail time, community service, and a permanent criminal record). While every case is different, many common defenses can be used in criminal cases. There may be holes in the prosecution’s case, which you can use to argue your case. Evidence may have been gathered that violated your constitutional rights, someone else may have committed the crime, or you may have had a justifiable reason. You could even argue that you had no intention of committing a crime or had some type of mental incapacity that caused you to commit the crime.
While some defenses are meant to show that the prosecution has failed to make its case, others are considered “affirmative defenses” (which must be independently proven). Here are some of the common criminal defense tactics that are used in court.
#1: Innocence
This is one of the simplest defenses in a criminal case, which is raised when you didn’t commit the crime. The prosecution has to prove every piece of the crime with which you have been charged, and it has to do so “beyond a reasonable doubt.” You don’t have to prove anything to be considered innocent, but you have the option to offer testimony, documents, and other types of evidence to support your innocence.
#2: Constitutional Violations
This defense is used in criminal cases where the evidence was collected by the police and other law enforcement agencies. You don’t want to overlook this defense, because it could result in your case being dismissed. Some constitutional violations can include but may not be limited to:
- An illegal search and seizure of your home, car, clothing, or person.
- Failing to obtain a warrant for entry.
- Obtaining an improper confession.
- Failing to read your “Miranda Rights” at the time of your arrest.
Police officers often make mistakes in how they do their jobs, which may require some evidence to be suppressed and could lead to your case being dismissed.
#3: Alibi
This is considered an “affirmative defense,” so you will be required to prove it. To use the alibi defense, you must be able to show that you were somewhere else when the crime was being committed. You might be able to get testimony from someone you were with. You can also submit surveillance footage as well as receipts from a restaurant, store, movie theater, or sporting event. You can even show them phone records that prove you were at some place other than where the crime was being committed.
#4: Insanity
You have most likely heard about this defense in TV courtroom dramas, but it isn’t used as often as you may think. The insanity defense must be proven, and you must show that you were suffering from a severe mental disease or defect when the crime was committed. You must also prove that you weren’t able to know the difference between right and wrong when you committed the crime or that you had an “irresistible impulse” to commit the crime (which means that you knew that what you were doing was wrong but couldn’t stop doing it).
It requires you to admit that you committed the crime, which is another reason why it isn’t used that often. If the jury doesn’t believe you’re insane, you have already admitted to too many of the facts presented against you (which is likely to give the prosecution an easy win). The third and last reason why this defense isn’t used very often is because it usually results in institutionalization.
#5: Mistake of Law/Mistake of Fact
There are times when defendants aren’t aware of a fundamental part of a crime that the prosecution has charged them with. You could be charged with stealing a car, but you believed a family member or friend wanted to give it to you. This is where a mistake defense would apply. You might have been in a position of authority or responsibility over someone else’s property, kept or used it without the owner’s permission, used it for your benefit, and intended to deprive the owner of the property (which would be considered “embezzlement”). But if you believed you were given the authority to use the property from the owner, you would have a valid mistake defense.
If you have been charged with a crime and are looking for a criminal defense attorney in Corpus Christi to help you come up with a solid defense, be sure to reach out to Gale Law Group.