It is crucial to understand all the legal defenses available to you if you are facing criminal charges. Depending on the specific facts of your case, the type of defense you choose can significantly impact the outcome of your case.
Here are six of the most common types of legal defenses used in criminal cases in the United States:
1. Innocence
The first type of defense is the innocence defense. This type of defense is used when the accused denies any involvement with the crime in question. This denial means that the defendant will argue that they did not commit the crime they are being charged with and that they are not guilty of any wrongdoing. To succeed, the innocence defense must prove beyond a reasonable doubt that the defendant did not understand the consequences of their actions.
2. Justification
Another common type of defense is the justification defense. This type of defense is often used when the accused admits to committing a crime but claims their actions were justified. It is based on the idea that the defendant had a reasonable and honest belief that their actions were necessary to prevent imminent harm and therefore should not be held accountable for their behavior. For example, self-defense or the defense of another person can help prove a justification defense.
3. Diminished Capacity
A third type of defense is the diminished capacity defense. This type of defense is used when the accused admits to a crime but claims they did not understand the consequences of their actions due to a mental illness or a mental disability. In order for this defense to be successful, the defendant must be able to provide evidence that their mental capacity was diminished at the time of the crime, such as through psychological evaluations or witness testimony.
4. Entrapment
Entrapment is another major criminal law defense. This defense is used when the accused has been induced or persuaded by government agents to commit a crime that they would not otherwise have committed. For the entrapment defense to be successful, the defendant must show that the criminal act was a result of persuasion or inducement by a government agent and that they had no prior intent to commit the offense.
5. Consent
Lawyers can also use the consent defense. The consent defense is based on the idea that an individual has given their consent to participate in an activity that resulted in damage to the defendant or a third party. This defense can be used in a variety of cases, including assault, battery, and false imprisonment.
6. Alibi
Finally, the alibi defense is used when the accused claims that they were not present at the scene of the crime. To successfully prove an alibi defense, the accused must provide evidence that they were somewhere else at the time of the alleged crime. The alibi must be verifiable and plausible, and the accused must usually provide witnesses or other evidence to support the alibi.
Work With Experienced Criminal Defense Attorneys
Great representation can make all the difference in criminal defense cases. An experienced attorney can help you determine the best-suited defense for your particular case, and our team at Grabb & Durando is the best fit for the job. Whether you’ve been accused of a misdemeanor or felony offense, our lawyers are well-versed in all the possible defense types and will fight to keep your rights protected.
